Overview of recent cases before the Court of Justice of the European Union (October 2019-January 2020)

Abstract

During the period of reporting (1 October 2019-31 January 2020), six judgments are worth noting in the area of EU social security law. In Safeway, the Court had to decide whether Article 119 of the EC Treaty on equal treatment precluded a measure ending discrimination through the fixing, with retroactive effect, of a uniform normal pension age equal to that of the members within the previously disadvantaged category. In Bocero Torrico, the question related to the obligation on Member States, under Regulation 883/2004, to take into account equivalent benefits acquired in other Member States for the purpose of calculating an early retirement pension. WA concerned a discriminatory law that granted a pension supplement solely to women. UB was about a discriminatory law that granted additional benefits for sportspersons based on their citizenship. In ZP, the question concerned Article 62 of Regulation 883/2004 dealing with the calculation of unemployment benefits. Finally, in Pensions-Sicherungs-Verein, the Court had to interpret Article 8 of Directive 2008/94 in the context of a reduction of pension benefits following the insolvency of the employer.