Judgment of the Court (Fourth Chamber) of 20 October 2011.

Waltraud Brachner v Pensionsversicherungsanstalt.

Reference for a preliminary ruling: 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.

Case C-123/10.

Reports of Cases

2011 I-10003