48It follows from the foregoing that that national provision gives rise to indirect discrimination based on sex, contrary to Article 4(1) of Directive 79/7, unless it is justified by objective factors unrelated to any discrimination on grounds of sex. That is the case if that provision reflects a legitimate social policy objective, is appropriate to achieve that objective and is necessary in order to do so, it being understood that it can be considered appropriate to achieve the stated aim only if it genuinely reflects a concern to attain that aim and is pursued in a consistent and systematic manner (see, to that effect, judgments of 20 October 2011, Brachner, C‑123/10, EU:C:2011:675, paragraphs 70 and 71 and the case-law cited, and of 21 January 2021, INSS, C‑843/19, EU:C:2021:55, paragraphs 31 and 32 and the case-law cited).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.