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Proposal for a Council Directive amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes. COM (95) 186 final, 16 May 1995

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COMMISSION OF THE EUROPEAN COMMUNITIES Proposal for a COUNCIL DIRECTIVE Brussels, 16.05.1995 COM(95) 186 final· 95/0117 (CNS) -----·-·------·- amending Directive 86/378/EEC on the implementation of the principle of equal treatment for men and women in occupational social security schemes . . . ' . (presented by the Commission) Barbara Rectangle Barbara Sticky Note Completed set by Barbara Barbara Rectangle Barbara Sticky Note Completed set by Barbara .·. ~· EXPLANATORY MEMORANDUM I. INTRODUCTION This. proposal for- a Directive aims to ensure that Directive 86/378/EEC on equal treatment . fo! men and women in· occupational social security schemes, adopted on -24 July 1986, is consistent with Article 119 of the Treaty as interpreted by the Court o(Justice. In its Barberjudgment of 17 May 1990°' and in subsequent interpreting judgments<2>, iri particular its judgment of 14- December 1993 (Case C-:152/91 Moroni), the Court of Justice of the European Communities acknowledges that all forms of occupational pension- and, in turn, ali forms of benefit deriving from employees' occupational social s~curity schemes13> - .cqnstitute (ln element of pay within the meaning of Article 119 of the EC Treaty, which· provides for equal pay for men and women. · Since Article 119. of the Treaty is directly applicable and may be relied upon by individuals before the national courts against both'public and private employers<4>, It dOes not permit any derogation from the prins;iple of equal treatment. Consequently, certain provisions of Directive 86/3 78/EEC of 24 July 1986 on equal treatment for men and women in occupational social security schemes, providing for derogation from the principle of equal treatment (particularly- with regard tci 1etirement age and survivors' benefits, ·ArtiCle 9 of Directive 86/378/EEC) are now invalid as far as paid workers are-·concerned, ·since such persons can invoke Article 119 of the Treaty before national authorities, thi

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