CELEX: C2004/300/58
Language: en
Date: 2004-12-04 00:00:00
Title: Case C-423/04: Reference for a preliminary ruling by a Social Security Commissioner, London, by direction of that tribunal dated 14 September 2004, in the case of Sarah Margaret Richards against Secretary of State for Work and Pensions

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/31
            
         Reference for a preliminary ruling by a Social Security Commissioner, London, by direction of that tribunal dated 14 September 2004, in the case of Sarah Margaret Richards against Secretary of State for Work and Pensions
   (Case C-423/04)
   (2004/C 300/58)
   Reference has been made to the Court of Justice of the European Communities by direction of a Social Security Commissioner, London, dated 14 September 2004, which was received at the Court Registry on 4 October 2004 for a preliminary ruling in the case of Sarah Margaret Richards and Secretary of State for Work and Pensions on the following questions:
   
               (1)
            
            
               Does Directive 79/7 (1) prohibit the refusal of a retirement pension to a male-to-female transsexual until she reaches the age of 65 and who would have been entitled to such a pension at the age of 60 had she been held to be a woman as a matter of national law?
            
         
               (2)
            
            
               If so, from what date should the Court's ruling on question 1 have effect?
            
         
      (1)  Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 6, 10.01.1979, p. 24).