Opinion of the Advocate General — ECLI:EU:C:1999:281
Date: 1999-06-03
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 
Social policy — Men and women — Equal pay — Lump-sum payment made exclusively 
to women taking maternity leave — Whether permissible — Conditions 
(EC Treaty, Art. 119 (Arts 117 to 120 of the EC Treaty have been replaced by Arts 136 
EC to 143 EC)) 
I - 5723 
SUMMARY — CASE C-218/98 
The principle of equal pay laid down in 
Article 119 of the EC Treaty (Articles 117 
to 120 of the EC Treaty have been replaced 
by Articles 136 EC to 143 EC) does not 
preclude the making of a lump-sum pay­
ment exclusively to female workers who 
take maternity leave, where that payment is 
designed to offset the occupational disad­
vantages which arise for those workers as a 
result of being away from work. In such 
cases, male and female workers are in 
different situations, which excludes any 
breach of the principle of equal pay. 
Such disadvantages may consist in the fact 
that a woman on maternity leave may not 
be proposed for promotion; that, on her 
return, her period of service will be reduced 
by the length of her absence; that a woman 
on maternity leave may not claim perfor­
mance-related salary increases; that she 
may not be able to take part in certain 
training; lastly, that, since new technology 
is constantly changing the nature of jobs, 
her adaptation on returning from maternity 
leave becomes complicated. 
I - 5724