82The first point to note is that it is ultimately for the national court, which has sole jurisdiction to assess the facts and interpret the national legislation, to determine whether and to what extent a legislative provision which, though applying independently of the sex of the worker, actually affects a considerably higher percentage of women than men is justified by objective reasons unrelated to any discrimination on grounds of sex (see, inter alia, Case 171/88 Rinner-Kühn [1989] ECR 2743, paragraph 15, and Seymour-Smith and Perez, paragraph 67).
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