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Case C-427/06: Judgment of the Court (Grand Chamber) of 23 September 2008 (reference for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Birgit Bartsch v Bosch und Siemens Hausgeräte (BSH) Altersfürsorge GmbH (Equal treatment in employment and occupation — Article 13 EC — Directive 2000/78/EC — Occupational pension scheme excluding the right to a pension of a spouse more than 15 years younger than the deceased former employee — Age discrimination — Link with Community law)
ECLI:EU:UNKNOWN:62006CA0427
62006CA0427
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22.11.2008
Official Journal of the European Union
C 301/6
(Case C-427/06)
(Equal treatment in employment and occupation - Article 13 EC - Directive 2000/78/EC - Occupational pension scheme excluding the right to a pension of a spouse more than 15 years younger than the deceased former employee - Age discrimination - Link with Community law)
(2008/C 301/10)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Birgit Bartsch
Defendant: Bosch und Siemens Hausgeräte (BSH) Altersfürsorge GmbH
Re:
Reference for a preliminary ruling — Bundesarbeitsgericht — Interpretation of the principle of no discrimination on the ground of age in Article 13 EC and 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) — Occupational pension scheme (betriebliche Altersversorgung) excluding a right to retirement pension (Ruhegeld) for a surviving spouse 15 years younger than the deceased former employee — Application of the principle of no discrimination on the ground of age in the absence of a link to a situation envisaged by other provisions of Community law
Operative part of the judgment
The application, which the courts of Member States must ensure, of the prohibition under Community law of discrimination on the ground of age is not mandatory where the allegedly discriminatory treatment contains no link with Community law. No such link arises either from Article 13 EC, or, in circumstances such as those at issue in the main proceedings, from Council Directive 2000/78/EC of 27 November 2000, establishing a general framework for equal treatment in employment and occupation, before the time-limit allowed to the Member State concerned for its transposition has expired.
* * *
(<span class="super">1</span> OJ C 326, 30.12.2006).