99In that regard, the first point to be made is that the Court held, in paragraphs 44 and 45 of its judgment in Case C-262/88 Barber [1990] ECR I-1889, that overriding considerations of legal certainty preclude legal situations which have exhausted all their effects in the past from being called in question where that might upset retroactively the financial balance of many pension schemes. As a result, the direct effect of Article 119 of the Treaty may not be relied upon in order to claim entitlement to a pension with effect from a date prior to that of the Barber judgment, except in the case of individuals who have taken action in good time in order to safeguard their rights.
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