1 . SOCIAL POLICY - MALE AND FEMALE WORKERS - REMUNERATION - CONCEPT - SOCIAL SECURITY CONTRIBUTIONS PAID BY THE PUBLIC AUTHORITIES AND INCLUDED IN THE CALCULATION OF THE GROSS SALARY PAYABLE TO CIVIL SERVANTS - INCLUSION - CONDITIONS
( EEC TREATY , ART . 119 )
2 . SOCIAL POLICY - MALE AND FEMALE WORKERS - REMUNERATION - EQUALITY - SOCIAL SECURITY SCHEME FOR CIVIL SERVANTS - HUSBAND AND WIFE TREATED AS ONE PERSON FOR THE PURPOSE OF CALCULATING THE CONTRIBUTIONS PAID BY THE PUBLIC AUTHORITIES - INCOMPATIBILITY WITH THE PRINCIPLE OF EQUALITY - CONDITIONS
( EEC TREATY , ART . 119 )
1 . THE AMOUNTS WHICH THE PUBLIC AUTHORITIES ARE OBLIGED TO PAY IN RESPECT OF CONTRIBUTIONS OWED TO THE SOCIAL SECURITY SCHEME BY PERSONS WORKING FOR THE STATE AND WHICH ARE INCLUDED IN THE CALCULATION OF THE GROSS SALARY PAYABLE TO CIVIL SERVANTS MUST BE REGARDED AS PAY WITHIN THE MEANING OF ARTICLE 119 OF THE TREATY SINCE THEY DIRECTLY DETERMINE THE CALCULATION OF OTHER ADVANTAGES LINKED TO THE SALARY .
2.A SOCIAL SECURITY SCHEME UNDER WHICH :
THE CONTRIBUTIONS ARE CALCULATED ON THE BASIS OF THE EMPLOYEE ' S SALARY BUT MAY NOT EXCEED A CERTAIN LIMIT ,
A HUSBAND AND WIFE ARE TREATED AS ONE PERSON , THE CONTRIBUTIONS BEING CALCULATED ON THE BASIS OF THEIR COMBINED SALARIES , SUBJECT ONCE AGAIN TO THE UPPER LIMIT ,
THE STATE IS BOUND TO PAY ON BEHALF OF ITS EMPLOYEE THE CONTRIBUTIONS OWED BY HIM , AND
WHERE HUSBAND AND WIFE ARE BOTH CIVIL SERVANTS , THE AUTHORITY EMPLOYING THE HUSBAND IS PRIMARILY RESPONSIBLE FOR PAYING THE CONTRIBUTIONS AND THE AUTHORITY EMPLOYING THE WIFE IS REQUIRED TO PAY THE CONTRIBUTIONS ONLY IN SO FAR AS THE UPPER LIMIT IS NOT REACHED BY THE CONTRIBUTIONS PAID ON BEHALF OF THE HUSBAND ,
IS INCOMPATIBLE WITH THE PRINCIPLE LAID DOWN IN ARTICLE 119 OF THE EEC TREATY THAT MEN AND WOMEN SHOULD RECEIVE EQUAL PAY FOR EQUAL WORK , IN SO FAR AS THE RESULTANT DIFFERENCES BETWEEN THE GROSS SALARY OF A FEMALE CIVIL SERVANT WHOSE HUSBAND IS ALSO A CIVIL SERVANT AND THE GROSS SALARY OF A MALE CIVIL SERVANT DIRECTLY AFFECT THE CALCULATION OF OTHER BENEFITS DEPENDENT ON SALARY , SUCH AS SEVERANCE PAY , UNEMPLOYMENT BENEFIT , FAMILY ALLOWANCES AND LOAN FACILITIES .