Opinion of Advocate General Lenz delivered on 14 April 1994

1 Original language: German.

2 OJ 1979 L 6, p. 24.

3 As amended by the Health and Social Security Act 1984. It should be mentioned, for the sake of completeness, that sections 45 and 45A of the Social Security Act 1975 were repealed with effect from 8 July 1992 and replaced by sections 83 and 84 of the Social Security Contributions and Benefits Act 1992, the terms of which are similar.

4 See Article 8(2) of the directive.

5 See the judgments in Case 152/84 Marshall v Southampton and South-West Hampshire Area Health Authority [1986] ECR 723, and Case 222/84 Johnston v Chief Constable for the Royal Ulster Constabulary [1986] ECR 1651.

6 It refers here to the judgment in Case C-9/91 R v Secretary of State for Social Security, ex parte Equal Opportunities Commission [1992] ECR I-4297, paragraphs 14 to 19.

7 Sickness, invalidity and unemployment benefits.

8 As was submitted in the proceedings, the United Kingdom complied with its obligation to equalize benefit increases when making the legislative changes of 1984 in relation to sickness, invalidity and unemployment benefits.

9 See, on this point, the title of the directive, a reference to the grounds of enactment in Article 1. See also the judgment in Case C-9/91 R. v Secretary of State for Social Security, ex parte Equal Opportunities Commission [1992] ECR I-4297, at paragraph 14.

10 Judgment in Case 222/84 Johnston v Royal Ulster Constabulary [1986] ECR 1651, at paragraph 38.

11 Opinion of Mr Advocate General Van Gerven of 12 May 1992 in Case C-9/91 R. v Secretary of State for Social Security, ex parte Equal Opportunities Commission [1992] ECR I-4318, at paragraph 13.

12 Judgment in Case C-328/91 Secretary of State for Social Security v Thomas and Others [1993] ECR I-1247.

13 Cited in footnote 9 above.

14 Council Directive 76/207/EEC of 9 February 1976 on the implementation of the principle of equal treatment for men ana women as regards access to employment, vocational training and promotion, and working conditions (OJ 1976 L 39, p. 40).

15 Paragraph 38.

16 See aie Johnston case, paragraph 39.

17 Judgment in Case C-9/91 R. v Secretary of State for Social Security, ex parte Equal Opportunities Commission [1992] ECR I-4297.

18 Case C-328/91 Secretary of State for Sodai Security v Thomas and Others, cited in footnote 9.

19 Possible consequences ... for other benefits.

20 Opinion of Mr Advocate General Van Gerven, at paragraph 13.

21 Opinion of Mr Advocate General Tesauro, at paragraph 14.