Birgit Bartsch v Bosch und Siemens Hausgerate (BSH) Altersfursorge GmbH (G-427/06) | Practical Law
In Birgit Bartsch v Bosch und Siemens Hausgerate (BSH) Altersfursorge GmbH (G-427/06) the Advocate General (AG) considered an "age-gap" provision in a German occupational pension scheme. The AG suggested that the provision, preventing a widow(er) from receiving a pension if they had been more than 15 years older or younger than their spouse, did not breach Community principles of age equality at the time of its operation in 2004. However, after 1 December 2006 (the deadline for implementation of EC Directive 2000/78 (the Framework Directive)) the provision would have been in breach and could not be objectively justified.