Language of document :

Notice for the OJ

 

     JUDGMENT OF THE COURT

     (Second Chamber)

     13 December 2001

in Case C-206/00 (Reference for a preliminary ruling from the Tribunal Administratif de Châlons-en-Champagne): Henri Mouflin v Recteur de l'académie de Reims(1)

    (Reference for a preliminary ruling ( Social policy ( Equal treatment for men and women ( Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced

by Articles 136 EC to 143 EC) or Directive 79/7/EEC ( French civil and military retirement pension scheme ( Entitlement to a retirement pension with immediate effect for women only)

    (Language of the case: French)

    (Provisional translation; the definitive translation will be published in the European Court Reports)

In Case C-206/00: REFERENCE to the Court under Article 234 EC by the Tribunal Aministratif de Châlons-en-Champagne (France) for a preliminary ruling in the proceedings pending before that court between Henri Mouflin and Recteur de l'académie de Reims, intervener: Syndicat général de l'Éducation nationale et de la Recherche publique CFDT de la Marne (SGEN CFDT 51), on the interpretation of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC), and Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men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 (Second Chamber), composed of: N. Colneric, President of the Chamber, R. Schintgen and V. Skouris (Rapporteur), Judges, Advocate General: S. Alber, Registrar: R. Grass, has given a judgment on 13 December 2001, in which it has ruled:

Pensions provided under a scheme such as the French retirement scheme for civil servants fall within the scope of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC).

The principle of equal pay for men and women enshrined in Article 119 of the Treaty is infringed by a provision of national law such as Article L.24-I-3º(b) of the Civil and Military Retirement Pensions Code which, in providing that only female civil servants whose husbands suffer from a disability or incurable illness making it impossible for them to undertake any form of employment are entitled to a retirement pension with immediate effect, deprives male civil servants in the same situation of that right.

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1 - OJ C 211 of 22.7.2000