CELEX: 62018CA0171
Language: en
Date: 2019-10-07 00:00:00
Title: Case C-171/18: Judgment of the Court (Grand Chamber) of 7 October 2019 (request for a preliminary ruling from the Court of Appeal — United Kingdom) — Safeway Ltd v Andrew Richard Newton, Safeway Pension Trustees Ltd (Reference for a preliminary ruling — Social policy — Article 119 of the EC Treaty (now, after amendment, Article 141 EC) — Male and female workers — Equal pay — Private occupational retirement pension scheme — Normal pension age differentiated by gender — Date of adoption of measures reinstating equal treatment — Retroactive equalisation of that age to the normal pension age of the persons previously disadvantaged)

16.12.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 423/7
            
         
      Judgment of the Court (Grand Chamber) of 7 October 2019 (request for a preliminary ruling from the Court of Appeal — United Kingdom) — Safeway Ltd v Andrew Richard Newton, Safeway Pension Trustees Ltd
      (Case C-171/18) (1)
      
      (Reference for a preliminary ruling - Social policy - Article 119 of the EC Treaty (now, after amendment, Article 141 EC) - Male and female workers - Equal pay - Private occupational retirement pension scheme - Normal pension age differentiated by gender - Date of adoption of measures reinstating equal treatment - Retroactive equalisation of that age to the normal pension age of the persons previously disadvantaged)
      (2019/C 423/08)
      Language of the case: English
      
         Referring court
      
      Court of Appeal
      
         Parties to the main proceedings
      
      
         Applicant: Safeway Ltd
      
         Defendants: Andrew Richard Newton, Safeway Pension Trustees Ltd
      
         Operative part of the judgment
      
      Article 119 of the EC Treaty (now, after amendment, Article 141 EC) must be interpreted as precluding, in the absence of an objective justification, a pension scheme from adopting, in order to end discrimination contrary to that provision resulting from the fixing of a normal pension age differentiated by gender, a measure which equalises, with retroactive effect, the normal pension age of members of that scheme to that of the persons within the previously disadvantaged category, in respect of the period between the announcement of that measure and its adoption, even where such a measure is authorised under national law and under the Trust Deed governing that pension scheme.
      
         (1)  OJ C 190, 4.6.2018.