Council Directive of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (79/7/EEC)
Grade B
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Address https://gelex.eu/eli/EU/directive/1979/7@1978-12-19/en
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas Article 1 (2) of Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions provides that, with a view to ensuring the progressive implementation of the principle of equal treatment in matters of social security, the Council, acting on a proposal from the Commission, will adopt provisions defining its substance, its scope and the arrangements for its application; whereas the Treaty does not confer the specific powers required for this purpose;
Whereas the principle of equal treatment in matters of social security should be implemented in the first place in the statutory schemes which provide protection against the risks of sickness, invalidity, old age, accidents at work, occupational diseases and unemployment, and in social assistance in so far as it is intended to supplement or replace the abovementioned schemes;
Whereas the implementation of the principle of equal treatment in matters of social security does not prejudice the provisions relating to the protection of women on the ground of maternity; whereas, in this respect, Member States may adopt specific provisions for women to remove existing instances of unequal treatment,
HAS ADOPTED THIS DIRECTIVE:
Article 1
The purpose of this Directive is the progressive implementation, in the field of social security and other elements of social protection provided for in Article 3, of the principle of equal treatment for men and women in matters of social security, hereinafter referred to as the principle of equal treatment.
Article 2
This Directive shall apply to the working population — including self-employed persons, workers and self-employed persons whose activity is interrupted by illness, accident or involuntary unemployment and persons seeking employment — and to retired or invalided workers and self-employed persons.
Article 3
1. This Directive shall apply to:
(a) statutory schemes which provide protection against the following risks:
sickness,
invalidity,
old age,
accidents at work and occupational diseases,
unemployment;
(b) social assistance, in so far as it is intended to supplement or replace the schemes referred to in (a).
2. This Directive shall not apply to the provisions concerning survivors' benefits nor to those concerning family benefits, except in the case of family benefits granted by way of increases of benefits due in respect of the risks referred to in paragraph 1 (a).
3. With a view to ensuring implementation of the principle of equal treatment in occupational schemes, the Council, acting on a proposal from the Commission, will adopt provisions defining its substance, its scope and the arrangements for its application.
Article 4
1. The principle of equal treatment means that there shall be no discrimination whatsoever on ground of sex either directly, or indirectly by reference in particular to marital or family status, in particular as concerns:
the scope of the schemes and the conditions of access thereto,
the obligation to contribute and the calculation of contributions,
the calculation of benefits including increases due in respect of a spouse and for dependants and the conditions governing the duration and retention of entitlement to benefits.
2. The principle of equal treatment shall be without prejudice to the provisions relating to the protection of women on the grounds of maternity.
Article 5
Member States shall take the measures necessary to ensure that any laws, regulations and administrative provisions contrary to the principle of equal treatment are abolished.
Article 6
Member States shall introduce into their national legal systems such measures as are necessary to enable all persons who consider themselves wronged by failure to apply the principle of equal treatment to pursue their claims by judicial process, possibly after recourse to other competent authorities.
Article 7
1. This Directive shall be without prejudice to the right of Member States to exclude from its scope:
(a) the determination of pensionable age for the purposes of granting old-age and retirement pensions and the possible consequences thereof for other benefits;
(b) advantages in respect of old-age pension schemes granted to persons who have brought up children; the acquisition of benefit entitlements following periods of interruption of employment due to the bringing up of children;
(c) the granting of old-age or invalidity benefit entitlements by virtue of the derived entitlements of a wife;
(d) the granting of increases of long-term invalidity, old-age, accidents at work and occupational disease benefits for a dependent wife;
(e) the consequences of the exercise, before the adoption of this Directive, of a right of option not to acquire rights or incur obligations under a statutory scheme.
2. Member States shall periodically examine matters excluded under paragraph 1 in order to ascertain, in the light of social developments in the matter concerned, whether there is justification for maintaining the exclusions concerned.
Article 8
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within six years of its notification. They shall immediately inform the Commission thereof.
2. Member States shall communicate to the Commission the text of laws, regulations and administrative provisions which they adopt in the field covered by this Directive, including measures adopted pursuant to Article 7 (2). They shall inform the Commission of their reasons for maintaining any existing provisions on the matters referred to in Article 7 (1) and of the possibilities for reviewing them at a later date.
Article 9
Within seven years of notification of this Directive, Member States shall forward all information necessary to the Commission to enable it to draw up a report on the application of this Directive for submission to the Council and to propose such further measures as may be required for the implementation of the principle of equal treatment.
Article 10
This Directive is addressed to the Member States.
Done at Brussels, 19 December 1978. For the Council The President H.-D. Genscher
Versions
Cited by
- Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC Act · Grade B
There are already a number of existing legal instruments for the implementation of the principle of equal treatment which cover self-employment activities, in particular Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security and Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. This Directive should therefore not app
- Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) Act · Grade B
occupational social security schemes: schemes not governed by Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security whose purpose is to provide workers, whether employees or self-employed, in an undertaking or group of undertakings, area of economic activity, occupational sector or group of sectors with benefits intended to supplement the benefits provided by statutory social security schemes or to replace them, whether membership of such schemes is compulsory or optional.
- Directive (EU) 2024/1500 of the European Parliament and of the Council of 14 May 2024 on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU Directive · Grade B
The same minimum standards for the functioning of equality bodies as regards the matters covered by Council Directive 79/7/EEC, Directive 2000/43/EC, 2000/78/EC and Directive 2004/113/EC are provided for in Council Directive (EU) 2024/1499.
- Directive (EU) 2024/1500 of the European Parliament and of the Council of 14 May 2024 on standards for equality bodies in the field of equal treatment and equal opportunities between women and men in matters of employment and occupation, and amending Directives 2006/54/EC and 2010/41/EU Directive · Grade B
Member States shall ensure that equality bodies are empowered to carry out activities to prevent discrimination and to promote equal treatment as derived from Directives 2006/54/EC and 2010/41/EU. Such activities may, inter alia, include promoting positive action and gender mainstreaming among public and private entities, providing them with relevant training, advice and support, engaging in public debate, communicating with relevant stakeholders, including the social partners, and promoting the exchange of good practices. In carrying out such activities, equality bodies can take into consider
- Directive (EU) 2024/2842 of the European Parliament and of the Council of 23 October 2024 extending Directive (EU) 2024/2841 to third-country nationals legally residing in a Member State Directive · Grade B
The obligations of the Commission pursuant to Article 20 of Directive (EU) 2024/2841 should also cover third-country nationals falling within the scope of this Directive. The Commission report referred to in that Article should include an analysis of specific situations of disadvantage resulting from intersectional discrimination, which is understood as discrimination based on a combination of disability and any other grounds protected under Council Directive 79/7/EEC, 2000/43/EC, 2000/78/EC or 2004/113/EC, with a particular focus on women and girls with disabilities.
- Directive (EU) 2024/2841 of the European Parliament and of the Council of 23 October 2024 establishing the European Disability Card and the European Parking Card for persons with disabilities (Text with EEA relevance) Directive · Grade B
The report referred to in paragraph 1 shall address, inter alia, in the light of social, economic, technological and other relevant developments the use of the European Disability Card and European Parking Card for persons with disabilities, in particular the impact of any fees, the extent to which the implementation of this Directive has met its objectives and its interaction with other relevant Union legal acts with a view to assessing the need to review this Directive. That report shall also include an analysis of specific situations of disadvantage resulting from intersectional discriminat
- Council Directive (EU) 2024/1499 of 7 May 2024 on standards for equality bodies in the field of equal treatment between persons irrespective of their racial or ethnic origin, equal treatment in matters of employment and occupation between persons irrespective of their religion or belief, disability, age or sexual orientation, equal treatment between women and men in matters of social security and in the access to and supply of goods and services, and amending Directives 2000/43/EC and 2004/113/EC Directive · Grade B
Directive 79/7/EEC aims to combat discrimination based on sex, in matters of social security.
- Decision of the Council and the Commission of 13 December 1993 on the conclusion of the Agreement on the European Economic Area between the European Communities, their Member States and the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation (94/1/ECSC, EC) Decision · Grade B
375 L 0117: Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ No L 45, 19.2.1975, p. 19). The provisions of the Directive shall, for the purposes of the present Agreement, be read with the following adaptation: In Article 1, Article 119 of the Treaty shall be read as Article 69 of the EEA Agreement. 376 L 0207: Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employmen
- Request for a preliminary ruling from the Juzgado de lo Social n.o 26 de Barcelona (Spain) lodged on 19 November 2020 — KM v Instituto Nacional de la Seguridad Social (INSS) (Case C-625/20) Notice · Grade B
Is the Spanish rule on compatibility of benefits established in Article 163(1) of the [Ley General de la Seguridad Social] (General Law on Social Security), as interpreted by case-law, which prevents two permanent disability benefits awarded under the same Social Security scheme being deemed compatible, while benefits awarded under different schemes are deemed compatible, even if, in both cases, entitlement has been earned by virtue of separate contributions, contrary to the European rules established in Article 4 of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementat
- Judgment of the Court (Eighth Chamber) of 21 January 2021 (request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña — Spain) — Instituto Nacional de la Seguridad Social (INSS) v BT (Case C-843/19) Notice · Grade B
Reference for a preliminary rulingSocial policyEqual treatment for men and women in matters of social securityDirective 79/7/EECArticle 4(1)Voluntary early retirementEarly retirement pensionEligibilityRequirement for the pension amount to be received to be at least as much as the legal minimum amountProportion of workers of each sex excluded from the benefit of early retirementJustification of a potential particular disadvantage to female workersSocial policy objectives of the Member State concerned2021/C 79/18Language of the case: Spanish Tribunal Superior de Justicia de Cataluña Applicant: I
- Judgment of the Court 28 September 1994 Judgment · Grade B
In Case C-7/93, REFERENCE to the Court under Article 177 of the EEC Treaty by the Centrale Raad van Beroep for a preliminary ruling in the proceedings pending before that court between Bestuur van het Algemeen Burgerlijk Pensioenfonds and G. A. Beune on the interpretation of Article 119 of the EEC Treaty and Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ 1979 L 6, p. 24), THE COURT, composed of: O. Due, President, J. C. Moitinho de Almeida and D. A. O. Edward (Presidents of
- Judgment of the Court 28 September 1994 Judgment · Grade B
By an undated order received at the Court on 12 January 1993, the Centrale Raad van Beroep (Higher Social Security Court) referred to the Court for a preliminary ruling under Article 177 of the EEC Treaty seven questions on the interpretation of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ 1979 L 6, p. 24) and the interpretation of Article 119 of the EEC Treaty.
- Judgment of the Court 28 September 1994 Judgment · Grade B
Mr Beune submitted a complaint to the ABP on the ground that the ABPW afforded more favourable conditions to married women than to married men as regards periods of service before 1 January 1986. He claimed that such discrimination was incompatible with Directive 79/7.
- Judgment of the Court 28 September 1994 Judgment · Grade B
If Questions 1 and 2 are answered in the affirmative, is a retired male civil servant entitled, in the absence of a national rule abolishing the unequal treatment referred to above, to base a claim on the provisions of Directive 79/7/EEC to the effect that, as far as his entitlement to a civil service pension is concerned, he should be treated in the same way as a married female civil servant who is otherwise in the same circumstances as he?
- Judgment of the Court 28 September 1994 Judgment · Grade B
Essentially, those questions seek to determine: whether a pension scheme such as the ABPW scheme falls within the scope of Directive 79/7 or that of Article 119 of the Treaty; whether the relevant Community provisions preclude national legislation such as the ABPW from applying different rules for married men and married women as regards calculation of the amount of the civil service pension, and whether those Community provisions may be relied upon by male former civil servants in order to obtain the same treatment as that afforded to female former civil servants; if the preceding question is
- Judgment of the Court 28 September 1994 Judgment · Grade B
Mr Beune claims that the pension scheme under the ABPW falls within the scope of Directive 79/7. He submits that male former civil servants are victims of discrimination incompatible with the principle of equal treatment laid down by Article 4 of the directive. That article may be relied on directly and married men must enjoy the treatment accorded to married women. After 23 December 1984, the date by which Directive 79/7 was to be transposed, a Member State may not maintain unequal treatment arising from the fact that the conditions for entitlement to benefits applied before that date. He rel
- Judgment of the Court 28 September 1994 Judgment · Grade B
The ABP and the Netherlands Government maintain in their written observations that the pension scheme under the ABPW falls within the scope not of Directive 79/7 but of Council 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 (OJ 1986 L 225, p. 40). They claim that that scheme applies to a particular group of employees, that it can be changed only by negotiation with the staff representatives and that it provides a benefit which is supplementary to the general pension.
- Judgment of the Court 28 September 1994 Judgment · Grade B
Pursuant to Article 3(1) thereof, Directive 79/7 applies to statutory schemes which provide protection, inter alia, against the risk of old age.
- Judgment of the Court 28 September 1994 Judgment · Grade B
In order to determine whether a pension scheme of the type set up by the ABPW falls within the scope of Directive 79/7 or of Article 119, it is necessary to analyse, as indeed the Advocate General does at point 22 et seq. of his Opinion, the relative importance of the criteria referred to by the Court in its previous decisions.
- Judgment of the Court 28 September 1994 Judgment · Grade B
On that basis, a scheme such as that set up by the AOW falls within the scope of Directive 79/7 (see, in particular, the judgment in Verholen and Others, cited above).