1 OF DIRECTIVE 79/7 IS GIVEN EFFECT IN ARTICLE 4*(1 ). THAT ARTICLE PROVIDES, IN REGARD TO SOCIAL SECURITY, THAT THERE SHALL BE NO DISCRIMINATION WHATSOEVER ON GROUND OF SEX EITHER DIRECTLY OR INDIRECTLY BY REFERENCE IN PARTICULAR TO MARITAL OR FAMILY STATUS, IN PARTICULAR AS CONCERNS THE CALCULATION OF BENEFITS INCLUDING INCREASES DUE IN RESPECT OF A SPOUSE OR FOR DEPENDANTS AND THE CONDITIONS GOVERNING THE DURATION AND RETENTION OF ENTITLEMENT TO BENEFITS .
12 IT IS THUS CLEAR FROM THE VERY WORDS OF ARTICLE 4*(1 ) THAT INCREASES ARE PROHIBITED IF THEY ARE DIRECTLY OR INDIRECTLY BASED ON THE SEX OF THE BENEFICIARY .
13 IN THAT REGARD, IT SHOULD BE POINTED OUT THAT A SYSTEM OF BENEFITS IN WHICH, AS IN THIS CASE, SUPPLEMENTS ARE PROVIDED FOR WHICH ARE NOT DIRECTLY BASED ON THE SEX OF THE BENEFICIARIES BUT TAKE ACCOUNT OF THEIR MARITAL STATUS OR FAMILY SITUATION AND IN RESPECT OF WHICH IT EMERGES THAT A CONSIDERABLY SMALLER PROPORTION OF WOMEN THAN OF MEN ARE ENTITLED TO SUCH SUPPLEMENTS IS CONTRARY TO ARTICLE 4*(1 ) OF THE DIRECTIVE IF THAT SYSTEM OF BENEFITS CANNOT BE JUSTIFIED BY REASONS WHICH EXCLUDE DISCRIMINATION ON GROUNDS OF SEX .
14 IT APPEARS FROM THE DOCUMENTS BEFORE THE COURT THAT ACCORDING TO STATISTICS PROVIDED TO THE COMMISSION BY THE NETHERLANDS GOVERNMENT A SIGNIFICANTLY GREATER NUMBER OF MARRIED MEN THAN MARRIED WOMEN RECEIVE A SUPPLEMENT LINKED TO FAMILY RESPONSIBILITIES . ACCORDING TO THE PLAINTIFF AND THE COMMISSION, THAT RESULTS FROM THE FACT THAT IN THE NETHERLANDS THERE ARE AT PRESENT CONSIDERABLY MORE MARRIED MEN THAN MARRIED WOMEN WHO CARRY ON OCCUPATIONAL ACTIVITIES, AND THEREFORE CONSIDERABLY FEWER WOMEN WHO HAVE A DEPENDENT SPOUSE .
15 IN SUCH CIRCUMSTANCES A SUPPLEMENT LINKED TO FAMILY RESPONSIBILITIES IS CONTRARY TO ARTICLE 4*(1 ) OF THE DIRECTIVE IF THE GRANT THEREOF CANNOT BE JUSTIFIED BY REASONS WHICH EXCLUDE DISCRIMINATION ON GROUNDS OF SEX .
16 IN THAT REGARD, THE PURPOSE OF THE SUPPLEMENTS AT ISSUE MUST BE CONSIDERED . ACCORDING TO THE NETHERLANDS GOVERNMENT, THE GENERAL LAW DOES NOT LINK BENEFITS TO THE SALARY PREVIOUSLY EARNED BY THE BENEFICIARIES BUT SEEKS TO PROVIDE A MINIMUM SUBSISTENCE INCOME TO PERSONS WITH NO INCOME FROM WORK . IT MUST BE OBSERVED THAT SUCH A GUARANTEE GRANTED BY MEMBER STATES TO PERSONS WHO WOULD OTHERWISE BE DESTITUTE IS AN INTEGRAL PART OF THE SOCIAL POLICY OF THE MEMBER STATES .
17 CONSEQUENTLY, IF SUPPLEMENTS TO A MINIMUM SOCIAL SECURITY BENEFIT ARE INTENDED, WHERE BENEFICIARIES HAVE NO INCOME FROM WORK, TO PREVENT THE BENEFIT FROM FALLING BELOW THE MINIMUM SUBSISTENCE LEVEL FOR PERSONS WHO, BY VIRTUE OF THE FACT THAT THEY HAVE A DEPENDENT SPOUSE OR CHILDREN, BEAR HEAVIER BURDENS THAN SINGLE PERSONS, SUCH SUPPLEMENTS MAY BE JUSTIFIED UNDER THE DIRECTIVE .
18 IF A NATIONAL COURT, WHICH HAS SOLE JURISDICTION TO ASSESS THE FACTS AND INTERPRET THE NATIONAL LEGISLATION, FINDS THAT SUPPLEMENTS SUCH AS THOSE IN THIS CASE CORRESPOND TO THE GREATER BURDENS WHICH BENEFICIARIES HAVING A DEPENDENT SPOUSE