ECJ Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – … Continue reading Schonheit v Stadt Frankfurt am Main; Becker v Land Hessen: ECJ 23 Oct 2003
ECJ Different ages for prescription charges between sexes were an unlawful discrimination. Pension differences were no justification for different eligibility for prescription. Citations: Independent 17-Nov-1995, Times 27-Oct-1995, C-137/94, [1995] EUECJ C-137/94 Links: Bailii Statutes: Council Directive 79/7/EEC Jurisdiction: European Benefits, Discrimination, European Updated: 25 November 2022; Ref: scu.161354
The court was asked about the age at which entitlement to a pension began for someone of transgender. Held: The court was divided, and the issue was referred to the European Court of Justice. Judges: Lady Hale, Deputy President, Lord Wilson, Lord Sumption, Lord Toulson, Lord Hodge Citations: [2016] UKSC 53, UKSC 2014/0220 Links: Bailii, … Continue reading MB v Secretary of State for Work and Pensions: SC 5 Jul 2016
The claimant had come from France to England, and worked as a teaching assistant. She set out on a course to train as a teacher but became pregnant, gave up the course, and eventually gave up work temporarily. Her claim to Income Support was refused on the basis that she was not a ‘worker’, and … Continue reading Prix v Secretary of State for Work and Pensions: SC 31 Oct 2012
ECJ (Social Policy) Directive 79/7/EEC – Equal treatment – Old-age and retirement pensions – Method of calculation – Pensionable age. Citations: C-384/96, [1998] EUECJ C-384/96 Links: Bailii Statutes: Directive 79/7/EEC Jurisdiction: European Discrimination Updated: 07 September 2022; Ref: scu.433426
ECJ Opinion – Directive 79/7/EEC – Equal treatment for men and women in matters of social security – Article 4, paragraph 1 – Accident insurance for employees – National legislation – Fixed Compensation for permanent injury as a result of an accident at work – Calculation of – Different Amounts for men and women because … Continue reading X (from the Korkein hallinto-oikeus (Finland)): ECJ 15 May 2014
Discrimination on grounds of sex – non-contributory benefits – whether unequal age conditions linked to different pension ages for men and women contrary to Council Directive 79/7/EEC Citations: [1993] UKSSCSC CS – 98 – 1987 Links: Bailii Statutes: Directive 79/7/EEC Benefits, European Updated: 15 July 2022; Ref: scu.269509
The claimant shared child care with his former partner, but claimed that the system which gave the job-seeker’s child care supplement to one party only was discriminatory. Held: In such cases the supplement usually went to the mother, and this had a diverse impact on men. It was for the Secretary of State to justify … Continue reading Hockenjos v Secretary of State for Social Security (No 2): CA 21 Dec 2004
Reference for a preliminary ruling – Social policy – Equal treatment for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) or Directive 79/7/EEC – French civil and military retirement pension scheme – Entitlement … Continue reading Mouflin: ECJ 13 Dec 2001
ECJ Article 157 TFEU – Directive 79/7/EEC – Directive 97/81/EC – Framework Agreement on part-time work – Directive 2006/54/EC – Contributory retirement pension – Equal treatment for male and female workers – Indirect discrimination on grounds of sex Judges: C Toader Citations: C-385/11, [2012] EUECJ C-385/11 Links: Bailii Statutes: Directive 97/81/EC, Directive 79/7/EEC Jurisdiction: European … Continue reading Isabel Elbal Moreno v Instituto Nacional De La Seguridad Social (Inss): ECJ 22 Nov 2012
Where a full time student became pregnant and had to suspend her studies, the regulations still treated her as a student, and disentitled her from benefits. The claimant alleged that this was sex discrimination. Held: It was not. The starting point had to be that the Regulations made no explicit distinction between a man and … Continue reading Secretary of State for Social Security v Walter: CA 6 Dec 2001
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 that this was discrimination arising from his sex. Held: The Directive provided … Continue reading Regina v Secretary of State for Social Security Ex Parte Taylor: ECJ 16 Dec 1999
ECJ (Judgment) Directive 79/7/EEC – Equal treatment – Old-age and retirement pensions – Method of calculation – Pensionable age Citations: C-377/96, [1998] EUECJ C-377/96 Links: Bailii Statutes: Directive 79/7/EEC Jurisdiction: European Benefits, Discrimination Updated: 03 June 2022; Ref: scu.161994
(Judgment) Directive 79/7/EEC – Equal treatment for men and women in matters of social security – Responsibility of a Member State for an infringement of Community law – Right to receive interest on arrears of social security benefits Citations: [1997] 2 CMLR 382, [1997] EUECJ C-66/95, [1997] CEC 1110, [1997] All ER (EC) 497, [1997] … Continue reading The Queen v Secretary of State for Social Security, ex parte Sutton: ECJ 22 Apr 1997
ECJ Social security – Family benefits – Article 73 of Regulation (EEC) No 1408/71 – Article 4(1) of Directive 79/7/EEC – Article 7(2) of Regulation (EEC) No 1612/68. Citations: C-245/94, [1996] EUECJ C-245/94 Links: Bailii Statutes: Directive 79/7/EEC 4(1), Regulation (EEC) No 1612/68 7(2), Regulation (EEC) No 1408/71 73 European, Benefits Updated: 03 June 2022; … Continue reading Hoever and Zachow v Land Nordrhein-Westfalen: ECJ 10 Oct 1996
The different pension ages for men and women, and to entitlement to associated invalidity benefits not discriminatory. Community law was not contravened by invalidity benefit being added to a pension. Citations: Times 25-Sep-1995, Ind Summary 09-Oct-1995, C-92/94, [1995] EUECJ C-92/94 Links: Bailii Statutes: EC Treaty Article 177, Directive 79/7/EEC Article 7(1)(a) Benefits, Discrimination, European Updated: … Continue reading Secretary of State for Social Security and Chief Adjudication Officer v Graham and others): ECJ 11 Aug 1995
Europa 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 … Continue reading Steenhorst-Neerings v Bestuur van de Bedrijfsvereniging voor Detailhandel, Ambachten en Huisvrouwen: ECJ 27 Oct 1993
ECJ 1. Article 2 of Council Directive 79/7/EEC, on the progressive implementation of the principle of equal treatment for men and women in matters of social security, must be interpreted as meaning that the directive does not apply to a person who has interrupted his or her occupational activity in order to attend to the … Continue reading Johnson v Chief Adjudication Officer: ECJ 11 Jul 1991
Europa Article 4(1) of Council Directive 79/7/EEC, on the prohibition of all discrimination on grounds of sex in matters of social security, must be interpreted as meaning that if, after the expiry of the period allowed for implementation of the directive, married men have automatically received increases in social security benefits in respect of a … Continue reading Cotter and others v Minister for Social Welfare: ECJ 13 Mar 1991
A concessionary fares scheme did not fall within the scope of sex discrimination laws. Equal treatment of men and women – Concessionary fares on public passenger transport services – Scope of Directive 79/7/EEC – Link with retirement age. ECJ On a proper interpretation of Article 3(1) of Directive 79/7 on the progressive implementation of the … Continue reading Atkins v Wrekin District Council and Another: ECJ 11 Jul 1996
ECJ Equal treatment in matters of social security – Article 4 (1) of Directive 79/7/EEC. Case 384/85. Citations: C-384/85 European, Benefits, Discrimination Updated: 11 April 2022; Ref: scu.134287
Reference for a preliminary ruling – Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Article 4(1) – Prohibition of all discrimination based on sex – Domestic workers – Protection against unemployment – Exclusion – Particular disadvantage for female workers – Legitimate social policy objectives – Proportionality Citations: C-389/20, … Continue reading TGSS (Chomage Des Employes De Maison) (Judgment): ECJ 24 Feb 2022
ECJ Social Policy – Directive 96/34/EC – Framework agreement on parental leave – Entitlements acquired or being acquired at the start of the leave – Continued receipt of social security benefits during the leave – Directive 79/7/EEC – Principle of equal treatment for men and women in matters of social security Acquisition of entitlements to … Continue reading Gomez-Limon v Instituto Nacional de la Seguridad Social (INSS): ECJ 16 Jul 2009
Europa (Free Movement Of Persons) Equal treatment for men and women in matters of social security – Directive 79/7/EEC – Frontier workers – Calculation of pensions. Citations: C-577/08, [2010] EUECJ C-577/08 Links: Bailii Statutes: Directive 79/7/EEC Jurisdiction: European Discrimination, Benefits Updated: 06 February 2022; Ref: scu.421303
ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Male and female workers – Equal treatment in matters of social security – Directive 79/7/EEC – Article 4 – Directive 97/81/EC – UNICE, CEEP and ETUC Framework Agreement on part-time work – Calculation of benefit – System for inclusion of contribution gaps – … Continue reading Cachaldora Fernandez v Instituto Nacional de la Seguridad Social: ECJ 14 Apr 2015
The appellant, a male to female transsexual, had remained married to her wife despite having the right to have the marriage annulled following the 2004 Act. She now appealed against rejection of her claim to a state pension on attaining the age of 60. She had not applied for a Gender Recognition Certificate because she … Continue reading MB v Secretary of State for Work and Pensions: CA 31 Jul 2014
The second defendant had become General Secretary of the first defendant after the amalgamation of two unions. The defendants agreed a compromise as to his term of office. The applicants sought declarations that they were now joint secretary. Held: The amalgamation had taken place under the 1992 Act. It was an issue as to whether … Continue reading Godrich and Serwotka v Public and Commercial Services Union and Reamsbottom: ChD 31 Jul 2002
Gender Recognition Certificate – European Union law – Council Directive 79/7/EEC [2013] UKUT 290 (AAC) Bailii Council Directive 79/7/EEC European Updated: 19 November 2021; Ref: scu.514363
The claimant had sought repayment of overpaid VAT, and the respondent resisted arguing that this would be an unjust enrichment. A reference to the European Court was sought.
Held: It was not possible to say that the House’s opinion was acte . .