1 . THE PRINCIPLE OF EQUAL TREATMENT CONTAINED IN ARTICLE 5 OF COUNCIL DIRECTIVE 76/207 OF 9 FEBRUARY 1976 APPLIES TO THE CONDITIONS OF ACCESS TO VOLUNTARY REDUNDANCY BENEFIT PAID BY AN EMPLOYER TO A WORKER WISHING TO LEAVE HIS EMPLOYMENT . 2.THE FACT THAT ACCESS TO VOLUNTARY REDUNDANCY IS AVAILABLE ONLY DURING THE FIVE YEARS PRECEDING THE MINIMUM PENSIONABLE AGE FIXED BY NATIONAL SOCIAL SECURITY LEGISLATION AND THAT THAT AGE IS NOT THE SAME FOR MEN AS FOR WOMEN CANNOT IN ITSELF BE REGARDED AS DISCRIMINATION ON GROUNDS OF SEX WITHIN THE MEANING OF ARTICLE 5 OF DIRECTIVE 76/207 .