Judgment of the Court (Third Chamber) of 11 April 2013 (request for a preliminary ruling from the Nejvyšší správní soud - Czech Republic) - Blanka Soukupová v Ministerstvo zemědělství
(Case C-401/11)
(Agriculture - EAGGF - Regulation (EC) No 1257/1999 - Support for rural development - Early retirement support - Transferor not less than 55 years old but not yet of normal retirement age at the time of transfer - Concept of 'normal retirement age' - National legislation determining a retirement age which varies depending on the sex of the applicant and, for women, on the number of children raised - General principles of equal treatment and non-discrimination)
Language of the case: Czech
Referring court
Nejvyšší správní soud
Parties to the main proceedings
Applicant: Blanka Soukupová
Defendant: Ministerstvo zemědělství
Re:
Request for a preliminary ruling - Nejvyšší správní soud - Interpretation of Article 11 of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain Regulations (OJ 1999 L 160, p. 80) and of the general principles of equal treatment and non-discrimination - Support for early retirement in agriculture payable to a transferor aged at least 55 but not having reached normal retirement age at the time of transfer - Concept of 'normal retirement age' - National legislation laying down a variable retirement age depending on sex and, for women, the number of children brought up
Operative part of the judgment
It is incompatible with European Union law and the general principles of equal treatment and non-discrimination for 'normal retirement age', for the purposes of the second indent of Article 11(1) of Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) and amending and repealing certain regulations, to be determined differently depending on the gender of the applicant for support for early retirement from farming and, in the case of female applicants, on the number of children raised by the applicant, under the provisions of the national retirement scheme of the Member State concerned relating to the age required for entitlement to an old-age pension.
____________1 - OJ C 311, 22.10.2011.