Official Journal of the European Union

C 340/11

(Case C-476/11)

2011/C 340/20

Language of the case: Danish

Referring court

Parties to the main proceedings

Applicant: HK Danmark acting on behalf of Glennie Kristensen

Defendant: Experian A/S

Questions referred

1.Must the exception in Article 6(2) of Council Directive 2000/78/EC (1) concerning the determination of age limits for admission to occupational social security schemes be interpreted as authorisation for the Member States to be able generally to except occupational social security schemes from the prohibition in Article 2 of the directive of direct or indirect discrimination on grounds of age in so far as that does not bring about discrimination on grounds of sex?

2.Must the exception in Article 6(2) of Council Directive 2000/78/EC concerning the determination of age limits for admission to occupational social security schemes be interpreted as not precluding a Member State from maintaining a legal situation in which an employer can pay, as part of pay, age-graded pension contributions, implying for example that the employer pays a pension contribution of 6 % for employees under 35, 8 % for employees from 35 to 44 and 10 % for employees over 45, in so far as that does not bring about discrimination on grounds of sex?

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16).