Opinion of the Advocate General — ECLI:EU:C:2004:514
Date: 2004-09-09
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social security for migrant workers;Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Social policy – Men and women – Equal treatment in occupational social security schemes – Directive 86/378 – Supplementary occupational pension scheme – Provisions having the effect of suspending the acquisition of pension rights during maternity leave – Not permissible (Council Directive 86/378, as amended by Directive 96/97, Art. 6(1)(g)) Article 6(1)(g) of Directive 86/378 on the implementation of the principle of equal treatment for men and women in occupational social security schemes, as amended by Directive 96/97, must be interpreted as meaning that it precludes national rules under a woman acquires no rights to an insurance annuity which is part of a supplementary occupational pension scheme during statutory maternity leave paid in part by her employer because the acquisition of those rights is conditional upon the woman’s receiving taxable pay during the maternity leave. (see para. 35, operative part)