Opinion of the Advocate General — ECLI:EU:C:2003:561
Date: 2003-10-16
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Social policy – Male and female workers – Equal pay – National legislation providing that full-time and part-time teachers are entitled to overtime remuneration only when they have worked the same number of additional hours – Not permissible – Conditions – Indirect discrimination against women employed part-time (Art. 141 EC; Council Directive 75/117, Art. 1) Article 141 EC and Article 1 of Directive 75/117 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women must be interpreted as precluding national legislation which provides that teachers, part-time as well as full-time, do not receive any remuneration for additional hours worked when the additional work does not exceed three hours per calendar month, if that different treatment affects considerably more women than men and if there is no objective unrelated to sex which justifies that different treatment or it is not necessary to achieve the objective pursued. (see para. 19, operative part)