Judgment — ECLI:EU:C:2008:618
Date: 2008-11-13
Language of the case: Italian
Court formation: Fourth 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: Italy

Judgment of the Court (Fourth Chamber) of 13 November 2008 – Commission v Italy (Case C‑46/07) Failure of a Member State to fulfil its obligations – Article 141 EC – Social Policy – Equal pay for male and female workers – Concept of ‘pay’ – Officials’ retirement scheme) Social policy – Male and female workers – Equal pay (Art. 141 EC; Social Policy Agreement 1992, Art. 6(3)) (see paras 35-59) Re: Failure of a Member State to fulfil its obligations – Infringement of Article 141 EC – Infringement of the principle of equal pay for male and female workers – National legislation providing for a retirement age for public officials which varies according to sex. Operative part The Court: 1. Declares that by maintaining provisions under which the age at which officials have the right to receive the old-age pension varies according to whether they are men or women, the Italian Republic has failed to fulfil its obligations under Article 141 EC; 2. Orders the Italian Republic to pay the costs.