CELEX: C2004/118/45
Language: en
Date: 2004-04-30 00:00:00
Title: Order of the Court of Justice (Third Chamber) of 30 April 2004 in Case C-172/02 (reference for a preliminary ruling from the Cour de cassation): Robert Bourgard v Institut national d'assurances sociales pour travailleurs indépendants (Inasti) (Article 104(3) of the Rules of Procedure — Social policy — Equal treatment for men and women in matters of social security — Directive 79/7/EEC — Self-employed workers — Derogation allowed for the determination of pensionable age — Possibility for male workers to claim early entitlement to old-age pension — Limited to forms of discrimination necessary and objectively linked to the difference in pensionable ages — Method of calculation — Reduction for early entitlement)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 118/26
            
         
      ORDER OF THE COURT OF JUSTICE
   
   (Third Chamber)
   of 30 April 2004
   in Case C-172/02 (reference for a preliminary ruling from the Cour de cassation): Robert Bourgard v Institut national d'assurances sociales pour travailleurs indépendants (Inasti) (1)
   
   (Article 104(3) of the Rules of Procedure - Social policy - Equal treatment for men and women in matters of social security - Directive 79/7/EEC - Self-employed workers - Derogation allowed for the determination of pensionable age - Possibility for male workers to claim early entitlement to old-age pension - Limited to forms of discrimination necessary and objectively linked to the difference in pensionable ages - Method of calculation - Reduction for early entitlement)
   (2004/C 118/45)
   Language of the case: French
   In Case C-172/02: reference to the Court under Article 234 EC by the Cour de cassation (Belgium), seeking to obtain, in the proceedings pending before that court between Robert Bourgard and Institut national d'assurances sociales pour travailleurs indépendants (Inasti), a preliminary ruling on the interpretation of Article 7(1)(a) of 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 1979 L 6, p. 24) – the Court (Third Chamber), composed of A. Rosas (Rapporteur), President of the Chamber, R. Schintgen and N. Colneric, Judges; J. Kokott, Advocate General; R. Grass, Registrar, made an order on 30 April 2004, the operative part of which is as follows:
   Article 4(1) of 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, read in conjunction with Article 7(1)(a), must be interpreted as meaning that, where the national legislation of a Member State has maintained a difference of retirement ages for men and women, it does not preclude that Member State, in circumstances such as those in the main proceedings in this case, from calculating the amount of the retirement pension differently according to the sex of the worker and from applying to male workers, who alone have the right to apply for an early retirement pension in the five years prior to the normal age of retirement, a reduction of five per cent for each year in which the pension is taken in advance.
   
      (1)  OJ C 156 of 29. 6. 2002.