Opinion of Mr Advocate General Darmon delivered on 5 July 1989

1 Original language French

2 Staatsbhad 674, No 151

3 Article 6(1)(a) of the 1975 Law

4 Article 10(1) to (4) of the 1975 Law

5 Article 6(2) of the 1975 Law

6 Article 10(5) of the 1975 Law

7 Slaatlblaad 567

8 Article 10(1) and (2) ot the 1975 Law, as amended

9 Article 6(2) of the 1975 Law, as amended

10 Article 6(3) of the 1975 Law, as amended.

11 On the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979, p. 24).

12 Of 19 April 1989 [1989] ECR 2743, at p. 2749.

13 Judgment of 4 December 1986 in Case 71/85 [1986] ECR 3855, paragraph 21; see also judgments of 24 March 1987 in Case 286/85 McDermott and Cotter [1987] ECR 1453, of 24 June 1987 in Case 384/85 Borrie Clarke [1987] ECR 2865, paragraph 9 and of 8 March 1988 in Case 80/87 Dik and Menkulos-Demirci [1988] ECR 1601, paragraph 8.

14 Judgment of 31 March 1981 in Case 96/80 [1981] ECR 911

15 Paragraph 10, emphasis added

16 Paragraph 11

17 Paragraph 13

18 Judgment of 13 May 1986 in Case 170/84 [1986] ECR 1607, paragraph 29.

19 Judgment of 11 June 1987 in Case 30/85 [1987] ECR 2497, paragraph 13.

20 Emphasis added.

21 Applicant's observations, p. 5 of the French translation; it should be noted that in Case 171/88, the statistics for 1987 produced by the Commission show a rate of 83% of part-time female workers in the Netherlands.

22 In that connection, I pointed out in [he Rinner-Kuhn case that a proposal for a directive submitted by the Commission provided in certain circumstances for a reversal of the burden of proof and 1 expressed the view that accordingly, as Community law stands at present, such a reversal could not be presumed

23 Case 71/85, supra, paragraph 23, Case 384/85, supra, paragraph 13, see also Case 286/85, supra, paragraph 17, and Case 80/87, supra, paragraph 10