Age laws cannot be applied retrospectively
The claimant was a widow denied a spouse’s pension by a German employer’s pension scheme. An “age-gap provision” barred widow(er)s 15 years or more older or younger than the employee. Age discrimination was not unlawful in Germany in 2004 when her husband died, but Bartsch claimed the scheme breached age discrimination provisions in the framework directive and the principle of equal treatment in Article 13 of the EC Treaty.