Opinion of the Advocate General — ECLI:EU:C:2000:32
Date: 2000-01-20
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 
Social policy — Men and women — Equal pay — Article 119 of the Treaty (Articles 117 
to 120 of the Treaty have been replaced by Articles 136 EC to 143 EC) — Applicability to 
private, inter-occupational, supplementary retirement pension schemes based on defined 
contributions and run on a 'pay-as-you-go' basis — Criteria — Schemes discriminating in 
respect of the age of entitlement to a survivor's pension — Not permissible — Creating 
equal treatment for benefits payable in respect of periods of service subsequent to the dale 
of the judgment in Case C-262/88 Barber 
(EC Treaty, Art. 119 (Arts 117 to 120 of the EC Treaty have been replaced by Arts 136 
EC to 143 EC); Council Directive 86/378, Art. 2(1)) 
I - 4039 
SUMMARY — CASE C-50/99 
Article 119 of the Treaty (Articles 117 to 
120 of the Treaty have been replaced by 
Articles 136 EC to 143 EC) applies to 
private, inter-occupational, supplementary 
ret irement pension schemes based on 
defined contributions and run on a 'pay-
as-you-go' basis to the extent that the 
purpose of those schemes is to supplement 
the benefits provided by statutory social 
security schemes or to replace them and 
where the pension is paid to the worker by 
reason of the employment relationship 
between him and his former employer, 
whether membership of such schemes is 
compulsory or optional. 
That provision precludes, moreover, those 
schemes from discriminating between men 
and women in respect of the age at which 
their spouse is entitled to a survivor's 
pension following the death of those 
employees, its being clear that the equal 
treatment in the matter of occupational 
pensions may be relied on in relation to 
benefits payable in respect of periods of 
service subsequent to 17 May 1990, the 
date of the judgment in Case C-262/88 
Barber, and that those schemes were there­
fore required to achieve equal treatment as 
from 17 May 1990. 
(see paras 26, 3 1 , 44-46 and operative 
part) 
I - 4040