Keywords
Summary

Keywords

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1 . SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - DIRECTIVE 79/7 - NATIONAL IMPLEMENTING MEASURES - MAINTENANCE OF DISCRIMINATION BY MEANS OF A TRANSITIONAL PROVISION - PROHIBITION

( COUNCIL DIRECTIVE 79/7, ART . 8 )

2 . SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - DIRECTIVE 79/7 - EXPIRY OF PERIOD PRESCRIBED FOR IMPLEMENTATION - SUBSEQUENT NATIONAL IMPLEMENTING MEASURES - RETROACTIVITY - PERMISSIBILITY - CONDITION - RESPECT FOR RIGHTS CONFERRED ON INDIVIDUALS BY THE DIRECTIVE

( COUNCIL DIRECTIVE 79/7, ARTS 4 ( 1 ) AND ( 8 ) )

Summary

1 . DIRECTIVE 79/7 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY MUST BE INTERPRETED AS MEANING THAT IT DOES NOT CONFER ON THE MEMBER STATES A DISCRETION TO INCLUDE IN NATIONAL IMPLEMENTING MEASURES A TRANSITIONAL PROVISION WHICH, IN SPECIFYING THE CONSEQUENCES OF THE REPEAL OF A RULE THAT DISCRIMINATES AGAINST WOMEN IN REGARD TO THE GRANT OF A BENEFIT, DOES SO IN SUCH A WAY THAT THE EFFECTS OF THAT RULE CONTINUE AFTER THE DATE OF EXPIRY OF THE PERIOD PRESCRIBED BY THE DIRECTIVE FOR COMPLIANCE THEREWITH BY THE MEMBER STATES .

2 . ARTICLE 8 OF DIRECTIVE 79/7 MUST BE INTERPRETED AS MEANING THAT A MEMBER STATE WHICH ADOPTS IMPLEMENTING MEASURES AFTER THE EXPIRY OF THE PERIOD PRESCRIBED BY THE DIRECTIVE MAY FIX THE DATE OF THEIR ENTRY INTO FORCE RETROACTIVELY TO THE DATE OF EXPIRY OF THAT PERIOD, PROVIDED THAT THE RIGHTS WHICH ARTICLE 4 ( 1 ) OF THE DIRECTIVE CONFERS ON INDIVIDUALS IN THE MEMBER STATES AS FROM THE EXPIRY OF THE SAID PERIOD ARE RESPECTED .