100As the Court stated in paragraphs 19 and 20 of its judgment in Case C-109/91 Ten Oever [1993] ECR I-4879, by virtue of the Barber judgment, the direct effect of Article 119 of the Treaty may be relied on, for the purpose of claiming equal treatment in the matter of occupational pensions, only in relation to benefits payable in respect of periods of employment subsequent to 17 May 1990 (the date of the judgment in that case), subject to the exception in favour of workers or those claiming under them who have before that date initiated legal proceedings or raised an equivalent claim under the applicable national law (Case C-246/96 Magorrian and Cunningham [1997] ECR I-7153, paragraph 25).
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