Judgment — ECLI:EU:C:2009:198
Date: 2009-03-26
Language of the case: Greek
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Concepts: Equality for men and women
Procedure: Action for failure to fulfil obligations - successful
Origin: Greece

Judgment of the Court (Third Chamber) of 26 March 2009 – Commission v Greece (Case C‑559/07) Failure of a Member State to fulfil obligations – Social policy – Article 141 EC – Equal pay for male and female workers – National civil and military pension regime – Different treatment with regard to retirement age and minimum required service – Justification – None 1. Social policy – Male and female workers – Equal pay – Article 141 EC – Effects of a judgment of the Court finding there to be discrimination (Art. 141 EC) (see para. 26) 2. Social policy – Male and female workers – Equal pay – Remuneration –Meaning – Pensions regime for officials and civil servants (Art. 141 EC) (see paras 42, 44, 46-47, 49-50, 55, 60) 3. Social policy – Male and female workers – Equal pay – Pensions regime for officials and civil servants (Art. 141 EC) (see paras 62, 66-68) Re: Failure of a Member State to fulfil obligations – Infringement of Article 141 EC – Infringement of the principle of equal pay for male and female workers – National civil and military retirement pensions regime prescribing a retirement age that can vary according to sex. Operative part The Court: 1. Declares that, by maintaining in force provisions which provide for differences between male and female workers with regard to retirement age and minimum required service under the Greek Civil and Military Pensions Code instituted by Presidential Decree No 166/2000 of 3 July 2000, in the version applicable to the present case, the Hellenic Republic has failed to fulfil its obligations under Article 141 EC; 2. Orders the Hellenic Republic to pay the costs.