Judgment — ECLI:EU:C:2000:73
Date: 2000-02-10
Language of the case: German
Court formation: Sixth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Concepts: General;Equality for men and women
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 
1. Procedure — Opinion of the Advocate General — Detailed rules on the delivery of 
Opinions 
I - 799 
SUMMARY —JOINED CASES C-234/96 AND C-235/96 
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(Articles 117 to 120 of the Treaty have been replaced by Articles 136 EC to 143 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) — Temporal limitation of the effects of the judgment of 8 April 1976 in Case 
43/75 Defrenne II — Provisions of national law providing for entitlement to 
retroactive membership of an occupational pension scheme not precluded 
(EC Treaty, Art. 119 (Arts 117to 120 of the EC Treaty have been replaced by Arts 136 
EC to 143 EC)) 
1. The fact that the operative part of the 
Opinion of the Advocate General is 
read at a sitting of a Chamber other 
than the Chamber which is to give 
judgment in the case does not involve 
any infringement of the rules applic­
able to the Court or of the rights 
enjoyed by the parties in the main 
proceedings. The Judges of the Cham­
ber hearing the case may be apprised of 
the Opinion of the Advocate General 
through the deposit of that document 
at the Court Registry. An Opinion is 
made public, inter alia, by the reading 
of the operative part thereof at a public 
sitting and the said deposit of the 
Opinion at the Registry. 
(see paras 26-27) 
2. The limitation in time resulting from 
the judgment of 8 April 1976 in Case 
43/75 Defrenne II of the possibility of 
relying on the direct effect of Arti­
cle 119 of the Treaty (Articles 117 to 
120 of the Treaty have been replaced 
by Articles 136 EC to 143 EC) does not 
preclude national provisions which lay 
down a principle of equal treatment by 
virtue of which all part-time workers 
are entitled to retroactive membership 
of an occupational pension scheme and 
to receive a pension under that scheme. 
That limitation was not intended in 
any way to deprive the workers con­
cerned of the opportunity of relying on 
national provisions laying down a 
principle of equal treatment. National 
provisions having the effect of ensuring 
application of the principle of equal 
pay for men and women contribute to 
the implementation of Article 119 of 
the Treaty. In such circumstances, the 
principle of legal certainty, which may 
move the Court, exceptionally, to limit 
the possibility of relying on a provision 
which it has interpreted, does not fall 
to be applied and does not preclude the 
application of national provisions 
which ensure a result which conforms 
with Community law. 
I - 800 
DEUTSCHE TELEKOM V VICK AND GONZE 
Moreover, the fact that the relevant 
national provisions prohibit all discri­
mination against workers by reason of 
the fact that they work on a part-time 
basis, and not by reason of their sex, 
does not affect that interpretation. 
(see paras 46-48, 50, 56, 
operative part 1-2) 
I - 801