Opinion of the Advocate General — ECLI:EU:C:2002:112
Date: 2002-02-21
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Finland

Summary of the Judgment 
1. Social policy — Men and women — Equal pay — Pay — Definition — Pension 
paid to public servants in respect of their employment relationship — Covered 
(EC Treaty, Art. 119 (Arts 117 to 120 of the EC Treaty have been replaced by Arts 136 
EC to 143 EC)) 
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SUMMARY — CASE C-351/00 
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(Articles 117 to 120 of the Treaty have been replaced by Articles 136 EC to 143 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) — Application in Finland — Temporal limitation — Consideration only of 
periods of work after 1 January 1994 
(EC Treaty, Art. 119 (Arts 117 to 120 of the EC Treaty have been replaced by Arts 136 
EC to 143 EC); EEA, Arts 6 and 69) 
1. A pension such as that paid under the 
Valtion eläkelaki (State Pensions Law) 
in force in Finland falls within the 
scope 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have been replaced by Articles 136 EC 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). 
If it concerns only a particular category 
of workers, if it is directly related to the 
period of service completed and if its 
amount is calculated by reference to 
the public servant's last salary, a pen­
sion paid under that system satisfies the 
three criteria which characterise the 
employment relationship which, in 
Cases C-7/93 Beune and C-366/99 
Griesmar, the Court held to be decisive 
for the purpose of characterising, with 
respect to Article 119 of the Treaty, 
benefits provided under a retirement 
scheme for civil servants. 
(see paras 47, 52, operative part) 
2. Under Article 69 of the European 
Economic Agreement, the principle of 
equal pay for men and women for 
equal work laid down in Article 119 of 
the Treaty (Articles 117 to 120 of the 
EC Treaty have been replaced by 
Articles 136 EC to 143 EC) has applied 
to the Republic of Finland since 1 
January 1994. In accordance with 
Article 6 of the Agreement, Article 69 
must, as regards its applicability 
ratione temporis to a pension scheme 
such as that set up under the Valtion 
eläkelaki (State Pensions Law) in force 
in Finland, be interpreted in the light of 
Case C-262/88 Barber, cited above. 
It follows that, in the case of the 
Republic of Finland, the principle of 
equal pay for men and women cannot 
be invoked in respect of pension bene­
fits relating to periods of work prior to 
1 January 1994. 
(see paras 54-55) 
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