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16/06/2011

Opinion in case C-123/10 - Waltraud Brachner v Pensionsversicherungsanstalt

References for a preliminary ruling from the Oberster Gerichtshof (Austria)


Social policy – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Articles 3(1) and 4(1) – National scheme for annual pension adjustments – Exceptional increase in pensions for the year 2008 – Exclusion from that increase of pensions of an amount lower than the compensatory supplement standard rate – Exceptional increase in that standard rate for the year 2008 – Exclusion from entitlement to the compensatory supplement of pensioners whose income, including that of the spouse forming part of their household, exceeds that standard rate – Scope of application of the directive – Indirect discrimination against women – Justification – No justification

author(s): Court of Justice of the EU / Advocate General Trstenjak
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