# C_2004106EN.01001001.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/10 |
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30.4.2004

EN

Official Journal of the European Union

C 106/10

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Full Court)

of 30 March 2004

in Case C-147/02 (reference for a preliminary ruling from the Court of Appeal (England and Wales) (Civil Division)): Michelle K. Alabaster v Woolwich plc, Secretary of State for Social Security 
   (1)

Michelle K

Alabaster

Woolwich plc, Secretary of State for Social Security

1

(‘Social policy - Men and women - Equal pay - Pay during maternity leave - Calculation of amount - Whether to include a pay rise’)

(2004/C 106/15)

Language of the case: English

In Case C-147/02: reference to the Court under Article 234 EC from the Court of Appeal (England and Wales) (Civil Division) for a preliminary ruling in the proceedings pending before that court between Michelle K. Alabaster and Woolwich plc, Secretary of State for Social Security – on the interpretation of Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC) and the judgment in Case C-342/93 Gillespie and Others [1996] ECR I-475 – the Court (Full Court), composed of: V. Skouris, President, P. Jann, C.W.A. Timmermans, C. Gulmann, J.N. Cunha Rodrigues and A. Rosas, Presidents of Chambers, A. La Pergola, J.-P. Puissochet, R. Schintgen (Rapporteur), F. Macken and N. Colneric, Judges; P. Léger, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, has given a judgment on 30 March 2004, in which it has ruled:

Michelle K. Alabaster

Woolwich plc, Secretary of State for Social Security –

Gillespie and Others

| 1. | Article 119 of the EC Treaty (Articles 117 to 120 of the Treaty have been replaced by Articles 136 EC to 143 EC) must be interpreted as requiring that, in so far as the pay received by the worker during her maternity leave is determined at least in part on the basis of the pay she earned before her maternity leave began, any pay rise awarded between the beginning of the period covered by the reference pay and the end of the maternity leave must be included in the elements of pay taken into account in calculating the amount of such pay. This requirement is not limited to cases where the pay rise is back-dated to the period covered by the reference pay. |
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1.

Article 119 of the EC Treaty (Articles 117 to 120 of the Treaty have been replaced by Articles 136 EC to 143 EC) must be interpreted as requiring that, in so far as the pay received by the worker during her maternity leave is determined at least in part on the basis of the pay she earned before her maternity leave began, any pay rise awarded between the beginning of the period covered by the reference pay and the end of the maternity leave must be included in the elements of pay taken into account in calculating the amount of such pay. This requirement is not limited to cases where the pay rise is back-dated to the period covered by the reference pay.

| 2. | Absent any Community legislation in this sphere, it is for the competent national authorities to determine how, in compliance with all the provisions of Community law, and in particular Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC), any pay rise awarded before or during maternity leave must be included in the elements of pay used to calculate the pay due to a worker during maternity leave. |
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2.

Absent any Community legislation in this sphere, it is for the competent national authorities to determine how, in compliance with all the provisions of Community law, and in particular Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual directive within the meaning of Article 16(1) of Directive 89/391/EEC), any pay rise awarded before or during maternity leave must be included in the elements of pay used to calculate the pay due to a worker during maternity leave.

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(1)  OJ C 144 of 15.6.2002.

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