TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION AS TO COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE CENTRALE RAAD VAN BEROEP , UTRECHT , BY ORDER OF 20 JANUARY 1983 , HEREBY RULES :
A SOCIAL SECURITY SCHEME UNDER WHICH :
1 . THE CONTRIBUTIONS ARE CALCULATED ON THE BASIS OF THE EMPLOYEE ' S SALARY BUT MAY NOT EXCEED A CERTAIN LIMIT ,
2.A HUSBAND AND WIFE ARE TREATED AS ONE PERSON , THE CONTRIBUTIONS BEING CALCULATED ON THE BASIS OF THEIR COMBINED SALARIES , SUBJECT ONCE AGAIN TO THE UPPER LIMIT ,
3.THE STATE IS BOUND TO PAY ON BEHALF OF ITS EMPLOYEE THE CONTRIBUTIONS OWED BY HIM , AND
4.WHERE HUSBAND AND WIFE ARE BOTH CIVIL SERVANTS , THE AUTHORITY EMPLOYING THE HUSBAND IS PRIMARILY RESPONSIBLE FOR PAYING THE CONTRIBUTIONS AND THE AUTHORITY EMPLOYING THE WIFE IS REQUIRED TO PAY THE CONTRIBUTIONS ONLY IN SO FAR AS THE UPPER LIMIT IS NOT REACHED BY THE CONTRIBUTIONS PAID ON BEHALF OF THE HUSBAND ,
IS INCOMPATIBLE WITH THE PRINCIPLE LAID DOWN IN ARTICLE 119 OF THE EEC TREATY THAT MEN AND WOMEN SHOULD RECEIVE EQUAL PAY FOR EQUAL WORK , IN SO FAR AS THE RESULTANT DIFFERENCES BETWEEN THE GROSS SALARY OF A FEMALE CIVIL SERVANT WHOSE HUSBAND IS ALSO A CIVIL SERVANT AND THE GROSS SALARY OF A MALE CIVIL SERVANT DIRECTLY AFFECT THE CALCULATION OF OTHER BENEFITS DEPENDENT ON SALARY , SUCH AS SEVERANCE PAY , UNEMPLOYMENT BENEFIT , FAMILY ALLOWANCES AND LOAN FACILITIES .