Mcdermott and Cotter v Minister For Social Welfare and Attorney-General: ECJ 24 Mar 1987

Europa Where council directive 79/7 has not been implemented, article 4(1) of the directive, which prohibits all discrimination on grounds of sex in matters of social security, could be relied on as from 23 December 1984 in order to preclude the application of any national provision inconsistent with it. In the absence of measures implementing article 4(1) of the directive women are entitled to have the same rules applied to them as are applied to men who are in the same situation, since, where the directive has not been implemented, those rules remain the only valid point of reference.

Citations:

C-286/85, (1987) ECR 1453

Citing:

CitedRegina v Secretary of State for Social Security Ex Parte Taylor ECJ 16-Dec-1999
The government made additional payments to pensioners in respect of the additional fuel costs incurred in winter. The complainant asserted that as a man aged 62, he would not receive this benefit where a woman of the same age would have done, and . .

Cited by:

CitedWalker-Fox v Secretary of State for Work and Pensions CA 29-Nov-2005
The claimant pensioner had moved to France. He sought to claim a retrospective winter fuel allowance claim. The government had eventually agreed to make payments to UK residents abroad.
Held: The claimant was deemed to have had knowledge of . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 28 April 2022; Ref: scu.134216