"THE WW ").
4 BEFORE 23 DECEMBER 1984 THE THREE APPELLANTS ALL LOSTTHEIR EMPLOYMENT AND THEIR ENTITLEMENT TO THE BENEFIT UNDER THE WW BECAUSE THE MAXIMUM PERIOD FOR RECEIVING THAT BENEFIT HAD EXPIRED . AFTER THAT DATE THEY WERE REFUSED UNEMPLOYMENT BENEFIT UNDER THE WWV PURSUANT TO ARTICLE 13 ( 1 ), POINT L THEREOF . IN THEIR VIEW THE EFFECT OF THE AFOREMENTIONED TRANSITIONAL PROVISION IS TO PROLONG THE DISCRIMINATORY BASIS OF ENTITLEMENT TO UNEMPLOYMENT BENEFIT IN THE CASE OF MARRIED WOMEN WHO LOST THEIR EMPLOYMENT AND THEIR ENTITLEMENT TO THE BENEFIT UNDER THE WW BEFORE 23 DECEMBER 1984 AND WHO WOULD HAVE BEEN ENTITLED TO BENEFIT UNDER THE WWV IF ARTICLE 13 ( 1 ), POINT L, HAD NEVER EXISTED .
5 THE RAAD VAN BEROEP, ARNHEM, BEFORE WHICH THE CASES CAME ON APPEAL, TOOK THE VIEW THAT THE TEMPORAL SCOPE OF DIRECTIVE 79/7 WITH REGARD TO SUCH A TRANSITIONAL MEASURE WAS NOT ESTABLISHED . IT STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING TWO QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
"( 1 ) DOES DIRECTIVE 79/7/EEC CONFER ON THE MEMBER STATES A DISCRETION TO INCLUDE IN THE LAW IMPLEMENTING THE DIRECTIVE A TRANSITIONAL PROVISION ON THE BASIS OF WHICH A 'WAGE-EARNER' REQUIREMENT CONTINUES TO APPLY EVEN AFTER 23 DECEMBER 1984 TO A MARRIED WOMAN WHO BECAME UNEMPLOYED BEFORE 23 DECEMBER 1984?
( 2 ) IS IT COMPATIBLE WITH THE DIRECTIVE FOR A TRANSITIONAL PROVISION SUCH AS THAT REFERRED TO IN THE FIRST QUESTION TO BE GIVEN RETROACTIVE EFFECT AS FROM THE DATE AT WHICH THE PERIOD PRESCRIBED IN ARTICLE 8 ( 1 ) OF THE DIRECTIVE EXPIRED?"
REFERENCE IS MADE TO THE REPORT FOR THE HEARING FOR A FULLER ACCOUNT OF THE NATIONAL PROVISIONS AT ISSUE AND THE OBSERVATIONS SUBMITTED TO THE COURT, WHICH ARE MENTIONED OR DISCUSSED HEREINAFTER ONLY IN SO FAR AS IS NECESSARY FOR THE REASONING OF THE COURT .
FIRST QUESTION
7 ARTICLE 4 ( 1 ) OF DIRECTIVE 79/7 PROHIBITS IN RELATION TO SOCIAL SECURITY ANY DISCRIMINATION ON GROUND OF SEX EITHER DIRECTLY, OR INDIRECTLY BY REFERENCE IN PARTICULAR TO MARITAL OR FAMILY STATUS, IN PARTICULAR AS CONCERNS THE SCOPE OF THE SCHEMES AND THE CONDITIONS OF ACCESS THERETO . TO THAT END ARTICLE 8 OF THE DIRECTIVE PROVIDES THAT THE MEMBER STATES ARE TO BRING INTO FORCE THE LAWS, REGULATIONS AND ADMINISTRATIVE PROVISIONS NECESSARY TO COMPLY WITH THE DIRECTIVE WITHIN SIX YEARS OF ITS NOTIFICATION, THAT IS TO SAY BEFORE 23 DECEMBER 1984 . ARTICLE 5 PROVIDES THAT MEMBER STATES ARE TO TAKE THE MEASURES NECESSARY TO ENSURE THAT ANY LAWS, REGULATION AND ADMINISTRATIVE PROVISIONS CONTRARY TO THE PRINCIPLE OF EQUAL TREATMENT ARE ABOLISHED .
8 AS THE COURT HAS HELD IN ITS JUDGMENTS OF 4 DECEMBER 1986 IN CASE 71/85 STATE OF THE NETHERLANDS V FEDERATIE NEDERLANDSE VAKBEWEGING (( 1986 )) ECR 3855 AND 24 MARCH 1987 IN CASE 286/85 MCDERMOTT AND COTTER V MINISTER FOR SOCIAL WELFARE AND THE ATTORNEY GENERAL (( 1987 )) ECR 1453, TAKEN