Opinion of the Advocate General — ECLI:EU:C:2001:274
Date: 2001-05-15
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 
1. Social policy — Men and women — Equal pay — Pay — Meaning — Retirement 
scheme for civil servants paying pensions by reason of the employment relationship — 
Included 
(EC Treaty, Art. 119 (Articles 117 to 120 of the EC Treaty have been replaced by 
Articles 136 EC to 143 EC)) 
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SUMMARY — CASE C-206/00 
2. Social policy — Men and women — Equal pay — Article 119 of the Treaty 
(Articles 117 to 120 of the Treaty have been replaced by Articles 136 EC to 143 
EC) — Retirement with immediate effect for women civil servants only — Not 
permissible 
(Art. 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by 
Articles 136 to 143 EC)) 
1. Pensions provided under a scheme such 
as the French retirement scheme for 
civil servants fall within the scope of 
Article 119 of the Treaty (Articles 117 
to 120 of the Treaty have been replaced 
by Articles 136 EC to 143 EC). 
(see para. 23 and operative part) 
2. The principle of equal pay for men and 
women enshrined in Article 119 of the 
Treaty (Articles 117 to 120 of the 
Treaty have been replaced by Arti­
cles 136 EC to 143 EC) is infringed 
by a provision of national law which, 
in providing that only female civil 
servants whose husbands suffer from 
a disability or incurable illness making 
it impossible for them to undertake any 
form of employment are entitled to a 
retirement pension with immediate 
effect, deprives male civil servants in 
the same situation of that right. 
(see para. 31 and operative part) 
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