ECJ Judgment - Sarah Margaret Richards v. Secretary of State for Work and Pensions (UK)

The Court, in the case C-423/04 of 27 April 2006, finds that directive 79/7/EC of 19 december 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security is also intended to apply to discrimination arising from the gender reassignment of the person concerned. In UK men are entitled to a retirement pension at the age of 65 and women at the age of 60. Directive 79/7 precludes legislation which denies a person who has undergone male-to-female gender reassignment entitlement to a pension on the ground that she has not reached the age of 65, when she would have been entitled to such a pension at age of 60 had she been held to be a woman as a matter of law.