«(Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – Civil service pension scheme – Calculation of the old-age pension for part-time civil servants – Discriminatory treatment as compared with full-time workers – Indirect discrimination based on sex – Conditions governing justification for objective reasons unrelated to any discrimination on grounds of sex – Protocol concerning Article 119 of the EC Treaty (now Protocol concerning Article 141 EC) – Temporal effects)»
JUDGMENT OF THE COURT (Fifth Chamber)23 October 2003 (1)
((Social policy – Equal pay for men and women – Applicability of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and Article 141(1) and (2) EC and of Directive 86/378/EEC or Directive 79/7/EEC – Meaning of pay – Civil service pension scheme – Calculation of the old-age pension for part-time civil servants – Discriminatory treatment as compared with full-time workers – Indirect discrimination based on sex – Conditions governing justification for objective reasons unrelated to any discrimination on grounds of sex – Protocol concerning Article 119 of the EC Treaty (now Protocol concerning Article 141 EC) – Temporal effects))
and
and
THE COURT (Fifth Chamber),,
after considering the written observations submitted on behalf of:
having regard to the Report for the Hearing,
after hearing the oral observations of Ms Becker, represented by Mr Schröder, Justiziar, and Ms Kähler, and the Commission, represented by F. Hoffmeister, acting as Agent, at the hearing on 6 March 2003,
after hearing the Opinion of the Advocate General at the sitting on 22 May 2003,
gives the following
On those grounds,
THE COURT (Fifth Chamber),
La Pergola
Jann
von Bahr
R. Grass
V. Skouris
Registrar
President