52In that context, the Court has repeatedly held that, in choosing the measures capable of achieving the aims of their social and employment policy, the Member States have a broad margin of discretion (judgments of 20 October 2011, Brachner, C‑123/10, EU:C:2011:675, paragraph 73 and the case-law cited, and of 21 January 2021, INSS, C‑843/19, EU:C:2021:55, paragraph 33), however, it is for the Member State concerned, as the author of the allegedly discriminatory rule, to show that that rule fulfils the conditions set out in paragraph 48 of the present judgment (see, to that effect, judgments of 20 October 2011, Brachner, C‑123/10, EU:C:2011:675, paragraph 74, and of 17 July 2014, Leone, C‑173/13, EU:C:2014:2090, paragraph 55).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.