Opinion of the Advocate General — ECLI:EU:C:2007:424
Date: 2007-07-10
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Social policy – Male and female workers – Equal pay (Art. 141 EC) Article 141 EC is to be interpreted as precluding national legislation on the remuneration of civil servants which defines overtime, for both full-time civil servants and part-time civil servants, as hours worked over and above their normal working hours, and which remunerates those additional hours at a rate lower than the hourly rate applied to their normal working hours, so that part-time civil servants are less well paid than full-time civil servants in respect of hours which are worked over and above their normal working hours, but which are not sufficient to bring the number of hours worked overall above the level of normal working hours for full-time civil servants where: – in the group of workers subject to that legislation, a considerably higher percentage of women is affected as compared with the percentage of men so affected, and – the difference in treatment is not justified by objective factors wholly unrelated to discrimination based on sex. (see para. 44, operative part)