41 As Community law stands at present, social policy is a matter for the Member States, which enjoy a reasonable margin of discretion as regards the nature of social protection measures and the detailed arrangements for their implementation (Case C-229/89 Commission v Belgium [1991] ECR I-2205, paragraph 22, and Case C-226/91 Molenbroek [1992] ECR I-5943, paragraph 15). If they meet a legitimate aim of social policy, are suitable and requisite for attaining that end and are therefore justified by reasons unrelated to discrimination on grounds of sex, such measures cannot be regarded as being contrary to the principle of equal treatment (Commission v Belgium, cited above, paragraphs 19 and 26, and Molenbroek, cited above, paragraphs 13 and 19).

18 The Court first observes that, in the current state of Community law, social policy is a matter for the Member States (see Case C-229/89 Commission v Belgium [1991] ECR I-2205, paragraph 22). Consequently, it is for the Member States to choose the measures capable of achieving their social policy aim. In exercising that competence, the Member States have a broad margin of discretion (see Megner and Scheffel, paragraph 29).

29 The Court observes that, in the current state of Community law, social policy is a matter for the Member States (see Case C-229/89 Commission v Belgium [1991] ECR I-2205, paragraph 22). Consequently, it is for the Member States to choose the measures capable of achieving the aim of their social and employment policy. In exercising that competence, the Member States have a broad margin of discretion.

33 The Court observes that, in the current state of Community law, social policy is a matter for the Member States (see Case C-229/89 Commission v Belgium [1991] ECR I-2205, paragraph 22). Consequently, it is for the Member States to choose the measures capable of achieving the aim of their social and employment policy. In exercising that competence, the Member States have a broad margin of discretion.

28 Directive 79/7 leaves intact, however, the powers reserved by Articles 117 and 118 of the Treaty to the Member States to define their social policy within the framework of close cooperation organized by the Commission, and consequently the nature and extent of measures of social protection, including those relating to social security, and the way in which they are implemented (see inter alia Joined Cases 281, 283, 284, 285 and 287/85 Germany et al v Commission [1987] ECR 3203 and Case C-229/89 Commission v Belgium [1991] ECR I-2205).

29 Moreover, the Court has also held that Community law does not prevent Member States from taking measures, in order to control their social expenditure, which have the effect of withdrawing social security benefits from certain categories of persons, provided that those measures are compatible with the principle of equal treatment between men and women as defined in Article 4(1) of Directive 79/7 (see inter alia Case 30/85 Teuling [1987] ECR 2497 and Case C-229/89 Commission v Belgium, cited above). The compliance with that condition of legislation such as that at issue in the main proceedings is the subject of the third question which has been referred for a preliminary ruling.

13 In those circumstances, legislation of the kind at issue, which makes the grant and the amount of a pension supplement to the pensioner depend exclusively on income from work earned by the younger spouse, leads in principle to indirect discrimination against women in relation to men, contrary to Article 4(1) of Directive 79/7, unless such legislation is justified by objective factors unconnected with any discrimination on grounds of sex. It follows from the case-law of the Court that this is the case if the means chosen correspond to a legitimate aim of the social policy of the Member State whose legislation is at issue and are suitable and requisite for attaining the aim pursued (see the judgment in Case C-229/89 Commission v Belgium [1991] ECR I-2205).

13 It should be recalled at the outset that in accordance with settled case-law, Article 4(1) of Directive 79/7 precludes less favourable treatment from being accorded to a social group when it is shown to be made up of a much greater number of persons of one or the other sex, unless the provision in question is "based on objectively justified factors unrelated to any discrimination on grounds of sex" (judgment in Case C-33/89 Kowalska [1990] ECR I-2591, paragraph 16).