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) ° Direct effect ° National legislation making benefits for incapacity for work payable no more than one year before the date of claim ° Whether permissible ° Directive not correctly transposed before claim was made ° Not relevant

(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) ° National legislation withdrawing from women but not from men benefits for incapacity for work on the grant of a survivor' s pension ° Application by the national courts to men and women alike in the same situation ° Permissible in order to guarantee equal treatment not yet incorporated in the national legislation

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

Summary

1. Community law does not preclude the application of a national rule of law according to which benefits for incapacity for work are payable no more than one year before the date of claim, in the case where an individual seeks to rely on rights conferred directly, with effect from 23 December 1984, by Article 4(1) of Council Directive 79/7/EEC concerning the prohibition of discrimination on grounds of sex in matters of social security and where, on the date the claim for benefit was made, the Member State concerned had not yet properly transposed that provision into national law.

A national rule restricting the retroactive effect of claims for benefits for incapacity for work does not seek to restrict the right of individuals to rely on Directive 79/7 before the national courts in proceedings against a Member State at fault but serves the requirements of sound administration, in particular as regards the possibility of ascertaining whether the claimant satisfied the conditions for eligibility and the need to determine the degree of incapacity, which may well vary over time, as well as the need to preserve financial equilibrium in a scheme in which claims submitted by insured persons in the course of a year must in principle be covered by the contributions collected during that same year.

2. A Member State may not maintain a provision which, according to its wording, gives rise to a discrimination between men and women within the meaning of Article 4(1) of Directive 79/7. If, however, despite that wording, the national courts consistently apply such a provision without distinction to women and men in the same situation, there is nothing to preclude the national courts from continuing to apply that provision in disputes before them in accordance with such case-law, which enables them to ensure that Article 4(1) of Directive 79/7 is given full effect for so long as the Member State has not yet adopted the legislation necessary to implement it in full.

Consequently, Article 4(1) of Directive 79/7 does not preclude the application by the national courts of a legislative provision according to which only women forfeit their benefits for incapacity for work on being awarded a widow' s pension, if that provision is consistently applied by the courts to widows and widowers alike where they suffer incapacity for work.