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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Jonkman (Social policy) [2007] EUECJ C-233/06 (21 June 2007) URL: https://www.bailii.org/eu/cases/EUECJ/2007/C23306.html Cite as: EU:C:2007:373, [2007] EUECJ C-233/06, [2007] EUECJ C-233/6, ECLI:EU:C:2007:373 |
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(Equal treatment for men and women Statutory pension scheme Directive 79/7/EEC Air hostesses Grant of a pension equal to that of stewards Payment of adjustment contributions in a single payment Interest payments Principle of effectiveness Obligations on a Member State as a result of a preliminary ruling)
In Joined Cases C-231/06 to C-233/06,
REFERENCES for a preliminary ruling under Article 234 EC from the Cour du travail de Brussels (Belgium), made by decision of 10 May 2006, received at the Court on 22 May 2006, in the proceedings
National Pensions Office
v
Emilienne Jonkman(C-231/06),
Hélène Vercheval(C-232/06),
and
Noà«lle Permesaen(C-233/06)
v
National Pensions Office,
composed of P. Jann, President of the Chamber, R. Schintgen, A. Borg Barthet, M. Ilešič (Rapporteur) and E. Levits, Judges,
Advocate General: J. Kokott,
Registrar: C. Strömholm, Administrator,
having regard to the written procedure and further to the hearing on 1 March 2007,
after considering the observations submitted on behalf of:
Jonkman, Vercheval and Permesaen, by J. Heynderickx, avocat,
the National Pensions Office, by R. Dupont and M. Willemet, avocats,
the Italian Government, by I. M. Braguglia, acting as Agent, assisted by W. Ferrante, avvocato dello Stato,
the Commission of the European Communities, by G. Rozet and M. van Beek, acting as Agents,
after hearing the Opinion of the Advocate General at the sitting on 29 March 2007
gives the following
The disputes in the main proceedings and the questions referred for a preliminary ruling
'(1) Is Directive 79/7/EEC of 19 December 1978 to be interpreted as meaning that it authorises a Member State to adopt rules intended to allow a category of persons of a particular sex, originally discriminated against, to become eligible for the pension scheme applicable to the category of persons of the opposite sex by making retroactive payment (a single payment of a very large sum) of contributions, recovery of which would be time-barred under the legislation applicable in that State in the case of the latter category of persons?
If so, is not Directive 79/7/EEC of 19 December 1978 to be interpreted as requiring a Member State to amend legislation contrary to that provision as soon as a judgment of the Court of Justice of the European Communities rules that there is a conflict of norms and, at the very least, within the applicable time-limit for recovery of the contributions which have become payable by virtue of the adoption of those rules?
(2) Is Directive 79/7/EEC of 19 December 1978 to be interpreted as meaning that it authorises a Member State to adopt rules intended to allow a category of persons of a particular sex, originally discriminated against, to become eligible for the pension scheme applicable to the category of persons of the opposite sex by making payment of a large amount of late payment interest, recovery of which would be time'barred under the legislation applicable in that State in the case of the latter category of persons?
If so, is not Directive 79/7/EEC of 19 December 1978 to be interpreted as requiring a Member State to amend legislation contrary to that provision as soon as a judgment of the Court of Justice of the European Communities rules that there is a conflict of norms and, at the very least, within the applicable time-limit for recovery of late payment interest due as a result of the adoption of those rules?'
On the questions referred for a preliminary ruling
Preliminary considerations
The requirement to pay adjustment contributions
The method of paying the adjustment contributions
The obligations on a Member State stemming from a judgment given on an order for reference
Costs
On those grounds, the Court (First Chamber) hereby rules:
1. When a Member State adopts rules intended to allow persons of a particular sex, originally discriminated against, to become eligible throughout their retirement for the pension scheme applicable to persons of the other sex, 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:
does not preclude that Member State from making such membership dependent upon the payment of adjustment contributions consisting of the difference between the contributions paid by the persons originally discriminated against in the period during which the discrimination took place and the higher contributions paid by the other category of persons during the same period, together with interest to compensate for inflation,
does preclude, by contrast, that Member State from requiring that payment of adjustment contributions to be made together with interest other than that to compensate for inflation,
also precludes a requirement that that payment be made as a single sum, where that condition makes the adjustment concerned impossible or excessively difficult in practice. That is the case in particular where the sum to be paid exceeds the annual pension of the interested party.
2. Following a judgment given by the Court on an order for reference from which it is apparent that the national legislation is incompatible with Community law, it is for the authorities of the Member State concerned to take the general or particular measures necessary to ensure that Community law is complied with, by ensuring in particular that national law is changed so as to comply with Community law as soon as possible and that the rights which individuals derive from Community law are given full effect.
3. Where discrimination infringing Community law has been found, for as long as measures reinstating equal treatment have not been adopted, the national court must set aside any discriminatory provision of national law, without having to request or await its prior removal by the legislature, and apply to members of the disadvantaged group the same arrangements as those enjoyed by the persons in the other category.
[Signatures]
* Language of the case: French.