), THE HAGUE , SEEKING AN ORDER REQUIRING THE STATE TO SUSPEND , OR AT LEAST NOT TO GIVE EFFECT UNTIL NEW PUBLISHED LEGISLATION ENTERED INTO FORCE TO ARTICLE 13 ( 1 ), POINT L , OF THE WET WERKLOOSHEIDSVOORZIENING AS FAR AS CONCERNS THE BREAD-WINNER RULE . BY ORDER OF 17 JANUARY 1985 THE PRESIDENT ORDERED THE STATE TO AMEND THE RELEVANT ARTICLE 13 BEFORE 1 MARCH 1985 . THE STATE AND THE FEDERATIE NEDERLANDSE VAKBEWEGING APPEALED AGAINST THAT DECISION .
8 THE GERECHTSHOF , ON APPEAL , CONSIDERED THAT THE EFFECT OF DIRECTIVE 79/7/EEC WAS UNCLEAR AND SO IT SUSPENDED THE PROCEEDINGS AND REFERRED TO THE COURT FOR A PRELIMINARY RULING THE FOLLOWING THREE QUESTIONS :
' 1 . HAS ARTICLE 4 OF DIRECTIVE 79/7/EEC HAD DIRECT EFFECT SINCE 23 DECEMBER 1984 AND DOES THIS MEAN THAT FROM THAT DATE ARTICLE 13 ( 1 ) POINT L , OF THE WET WERKLOOSHEIDSVOORZIENING IS INAPPLICABLE AND THAT THE WOMEN EXCLUDED BY THAT PROVISION ACQUIRED ENTITLEMENT TO BENEFIT AS FROM THAT SAME DATE?
2 . IN THAT RESPECT , DOES IT MATTER WHETHER , APART FROM HAVING THE POSSIBILITY OF SIMPLY REPEALING THE PROVISION REFERRED TO IN QUESTION 1 , THE STATE HAD ALTERNATIVE POSSIBILITIES FOR COMPLYING WITH THE DIRECTIVE? FOR EXAMPLE , IN REPEALING THE AFORESAID PROVISION AND IN ORDER TO FINANCE THE EXTRA COSTS INVOLVED , IT COULD HAVE MADE MORE RIGOROUS THE CONDITIONS FOR THE ACQUISITION OF ENTITLEMENT TO BENEFIT AND LIMITED IT TO UNEMPLOYED PERSONS UNDER 35 YEARS OF AGE .
3 . DOES IT MATTER , IN THAT RESPECT , THAT A TRANSITIONAL PROVISION IS NECESSARY OWING TO THE REPEAL OF THAT PROVISION AND THAT A CHOICE MUST BE MADE BETWEEN ALTERNATIVE MEASURES? '
9 IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT ARTICLE 13 ( 1 ) POINT L , OF THE WET WERKLOOSHEIDSVOORZIENING HAS BEEN REPEALED , WITH RETROACTIVE EFFECT FROM 23 DECEMBER 1984 , BY THE LAW OF 24 APRIL 1985 ( STAATSBLAD 230 ), WHICH ENTERED INTO FORCE ON 1 MAY 1985 . THAT LAW PROVIDES THAT THE ABOLITION OF THE BREAD-WINNER REQUIREMENT IS NOT TO APPLY TO WORKERS WHOSE UNEMPLOYMENT COMMENCED BEFORE 23 DECEMBER 1984 . IN ORDER TO SECURE THE FUNDING OF THE BENEFITS SCHEME UNDER THE WET WERKLOOSHEIDSVOORZIENING , THE LAW ALSO REDUCES THE DURATION OF SUCH BENEFITS IN THE CASE OF UNEMPLOYED PERSONS - MALE AND FEMALE ALIKE - OF UNDER 35 YEARS OF AGE .
10 IT FOLLOWS THAT SINCE THE ENTRY INTO FORCE OF THE LAW OF 24 APRIL 1985 MALE AND FEMALE UNEMPLOYED PERSONS ARE SUBJECT TO THE SAME SYSTEM , ALSO AS REGARDS THE PERIOD BETWEEN 23 DECEMBER 1984 AND THE DATE OF ENTRY INTO FORCE OF THE NEW LAW ; HOWEVER , DIFFERENCES BASED ON THE STATUS OF BREAD-WINNER CONTINUE TO AFFECT THE ENTITLEMENT TO BENEFIT OF UNEMPLOYED PERSONS WHOSE UNEMPLOYMENT COMMENCED BEFORE 23 DECEMBER 1984 .
11 REFERENCE IS MADE TO THE REPORT FOR THE HEARING , APPENDED HERETO ,