Opinion of the Advocate General — ECLI:EU:C:2002:173
Date: 2002-03-14
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: United Kingdom

Summary of the Judgment 
Social policy — Male and female workers — Equal pay — Article 141(1) EC — 
Scope — Limits — Workers of different sex performing the same work or work of 
equal value — Differences identified in pay conditions not attributable to a single source 
(Art. 141(1) EC) 
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SUMMARY — CASE C-320/00 
There is nothing in the wording of 
Article 141(1) EC to suggest that the appli­
cability of that provision is limited to 
situations in which men and women work 
for the same employer. The principle 
established by that article may be invoked 
before national courts, in particular in cases 
of discrimination arising directly from 
legislative provisions or collective labour 
agreements, as well as in cases in which 
work is carried out in the same establish­
ment or service, whether private or public. 
Where, however, the differences identified 
in the pay conditions of workers of dif­
ferent sex performing the same work or 
work of equal value cannot be attributed to 
a single source, there is no body which is 
responsible for the inequality and which 
could restore equal treatment. Such a 
situation does not come within the scope 
of Article 141(1) EC. The work and the 
pay of those workers cannot therefore be 
compared on the basis of that provision. 
(see paras 17-19, operative part) 
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