*O'Brien v Ministry of Justice

Pension – Equal treatment in employment and occupation. The present proceedings considered whether, where a part-time worker had retired after the entry into force of Directive (EC) 97/81 (the Directive) and was entitled under that directive, taken together with national law, to an occupational pension based on his length of service, periods of service which had been completed before the Directive had entered into force ought to be taken into account. The Supreme Court held that, in the circumstances, it had to refer a question to the Court of Justice of the European Union for a preliminary ruling.

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