Keywords
Summary

Keywords

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1. Social policy - Equal treatment for men and women in matters of social security - Directive 79/7, Article 4(1) - Increases in social security benefits in respect of persons deemed to be dependants automatically granted to married men - Obligation to ensure equal treatment for married women even if in some cases that will result in double payment of the increases to the same family

(Council Directive 79/7, Art. 4(1))

2. Social policy - Equal treatment for men and women in matters of social security - Directive 79/7, Article 4(1) - Compensatory payments for married men replacing increases in social security benefits - Obligation to ensure equal treatment for married women notwithstanding the prohibition on unjust enrichment laid down by national law

(Council Directive 79/7, Art. 4(1))

Summary

1. Article 4(1) of Council Directive 79/7/EEC, on the prohibition of all discrimination on grounds of sex in matters of social security, must be interpreted as meaning that if, after the expiry of the period allowed for implementation of the directive, married men have automatically received increases in social security benefits in respect of a spouse and children deemed to be dependants without having to prove actual dependency, married women without actual dependants are entitled to the same increases even if in some circumstances that will result in double payment of the increases to the same family.

2. Article 4(1) of Council Directive 79/7 must be interpreted as meaning that where a Member State has included in the legislation intended to implement that article, adopted after the expiry of the period allowed by the directive, a transitional provision providing for compensatory payments to married men who have lost their entitlement to an increase in their social security benefits in respect of a spouse deemed to be dependent because actual dependency cannot be shown to exist, married women in the same family circumstances are entitled to the same payments even if that infringes the prohibition on unjust enrichment laid down by national law.