92001E0035

WRITTEN QUESTION P-0035/01

by María Izquierdo Rojo (PSE) to the Commission

(16 January 2001)

Subject: Discrimination against male pensioners as regards child allowances

France's implementation of legislation governing child allowances is discriminatory and unfair to male pensioners, since the national civilian and military retirement pension scheme makes provision for the payment of child allowances only to women or to men under discriminatory conditions. In Germany, on the other hand, child allowances are paid without distinction and in equal amounts to either men or women.

Since this discrimination against men is an infringement of the EU Treaties and does not respect the principle of equality between men and women in the field of social security, nor the principle of equal pay, and since the Commission should ensure compliance with the principle of equality between the sexes and enable European men to benefit from the policies on equality, does it not consider that it should remedy this form of discrimination?

Answer given by Mrs Diamantopoulou on behalf of the Commission

(7 March 2001)

Concerning the question raised by the Honourable Member, the Commission can inform her that it has already lodged a complaint with the French authorities, on 5 April 2000, for failure to implement Article 141 (ex Article 119) of the EC Treaty as interpreted by the Court of Justice, particularly in cases C-7/93 (Bestuur van het Algemeen Burgerlijk Pensioenfonds v. G. A. Beune)(1) and C-147/95 (Dimossia Epicheirissi Ilektrismou (DEI) v. Efthimios Evrenopoulos)(2), and for failure to implement Council Directive 96/97/EC of 20 December 1996, amending Directive 86/378/EEC of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes(3), reflecting the Court's decisions. It should be noted that France has already been censured by the Court of Justice in its ruling of 8 July 1999 on case C-354/98 (Commission of the European Communities v. French Republic)(4) for failure to notify the transposal measures for Directive 96/97/EC.

Moreover, regarding the specific question of civilian and military pensions, two matters have already been referred to the Court of Justice for a preliminary ruling by the French national courts (C-366/99 Criesmar and C-206/00 Moufflin).

(1) ECR 1994 I-4471.

(2) ECR 1997 I-2057.

(3) OJ L 46, 17.2.1997.

(4) ECR 1999 I-4927.