(b) The meaning of equality : The second aspect of equality concerns the issue of what is meant by equality in the context of pensions, and how that equality is to be achieved. There are two issues: equality as regards access to a scheme, and equality as regards the benefits under the scheme.

doi:10.4324/9781843145585-93

Chapter

ABSTRACT

It was claimed that all three of these rules contravened Art 119 (now Art 141).

Judgment (pp 614-15):

[O]nce the Court has found that discrimination in relation to pay exists and so long as measures for bringing about equal treatment have not been adopted by the scheme, the only proper way of complying with Art 119 is to grant to the persons in the disadvantaged class the same advantages as those enjoyed by the persons in the favoured class.