Norah McDermott and Ann Cotter v Minister for Social Welfare and Attorney-General.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Writing for the Court: O'Higgins
• ECLI: ECLI:EU:C:1987:154
• Date: 24 March 1987
• Docket Number: 286/85
• Procedure Type: Reference for a preliminary ruling

Avis juridique important

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61985J0286

Judgment of the Court of 24 March 1987. - Norah McDermott and Ann Cotter v Minister for Social Welfare and Attorney-General. - Reference for a preliminary ruling: High Court - Ireland. - Equal treatment in matters of social security - Article 4 (1) of Directive 79/7/EEC. - Case 286/85.

European Court reports 1987 Page 01453

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

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SOCIAL POLICY - EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY - DIRECTIVE 79/7 - ARTICLE 4 ( 1 ) - DIRECT EFFECT - SCOPE

( COUNCIL DIRECTIVE 79/7, ART . 4 ( 1 )*)

Summary

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 .

Parties

IN CASE 286/85

REFERENCE TO THE COURT UNDER ARTICLE 177 OF THE EEC TREATY BY THE HIGH COURT, DUBLIN, FOR A PRELIMINARY RULING IN THE PROCEEDINGS PENDING BEFORE THAT COURT BETWEEN

NORAH MCDERMOTT AND ANN COTTER

AND

MINISTER FOR SOCIAL WELFARE AND ATTORNEY GENERAL,

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 ( OFFICIAL JOURNAL 1979, L*6, P . 24 ),

THE COURT

COMPOSED OF : LORD MACKENZIE STUART, PRESIDENT, Y . GALMOT, C . KAKOURIS, T . F . O' HIGGINS AND F . SCHOCKWEILER ( PRESIDENTS OF CHAMBERS ), G . BOSCO, T . KOOPMANS, O . DUE, U . EVERLING, K . BAHLMANN, R . JOLIET, J . C . MOITINHO DE ALMEIDA AND G . C . RODRIGUEZ IGLESIAS, JUDGES,

ADVOCATE GENERAL : G . F . MANCINI

REGISTRAR : D . LOUTERMAN, ADMINISTRATOR

AFTER CONSIDERING THE OBSERVATIONS SUBMITTED ON BEHALF OF

MRS COTTER AND MRS MCDERMOTT, THE PROSECUTRICES IN THE MAIN PROCEEDINGS, BY M . ROBINSON, SENIOR COUNSEL, AND G . DURCAN, BARRISTER-AT-LAW,

THE IRISH GOVERNMENT, THE RESPONDENT IN THE MAIN PROCEEDINGS, BY V . A . LANDY, SENIOR COUNSEL, AND A . O' CAOIMH, BARRISTER-AT-LAW,

THE COMMISSION OF THE EUROPEAN COMMUNITIES, BY J . CURRALL, A MEMBER OF ITS LEGAL DEPARTMENT,

THE NETHERLANDS GOVERNMENT, BY I . VERKADE, FOR THE MINISTER OF FOREIGN AFFAIRS, ACTING AS AGENT,

HAVING REGARD TO THE REPORT FOR THE HEARING AND FURTHER TO THE HEARING ON 15 OCTOBER 1986,

AFTER HEARING THE OPINION OF THE ADVOCATE GENERAL DELIVERED AT THE SITTING ON 27 JANUARY 1987,

GIVES THE FOLLOWING

JUDGMENT

Grounds

1 BY AN ORDER OF 13 MAY 1985, WHICH WAS RECEIVED AT THE COURT REGISTRY ON 23 SEPTEMBER 1985, THE HIGH COURT, DUBLIN, REFERRED TO THE COURT FOR A PRELIMINARY RULING UNDER ARTICLE 177 OF THE EEC TREATY TWO QUESTIONS ON THE INTERPRETATION OF ARTICLE 4 OF COUNCIL DIRECTIVE 79/7 OF 19 DECEMBER 1978 ON THE PROGRESSIVE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN IN MATTERS OF SOCIAL SECURITY (...