Opinion of the Advocate General — ECLI:EU:C:1998:588
Date: 1998-12-03
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 — Men and women — Equal pay — Collective agreement under which 
persons engaged in 'minor employment' are not entitled to a special annual bonus — 
Where that measure affects a considerably higher percentage of women than men — Not 
permissible 
(EC Treaty, Art. 119 (Arts 117 to 120 of the EC Treaty have been replaced by Arts 136 
EC to 143 EC) 
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SUMMARY — CASE C-281/97 
Article 119 of the Treaty (Articles 117 to 
120 of the EC Treaty have been replaced by 
Articles 136 EC to 143 EC) must be 
interpreted as meaning that exclusion by a 
collective agreement from entitlement to a 
special annual bonus provided for by that 
collective agreement of persons in employ­
ment which involves a normal working 
week of less than 15 hours and normal pay 
not exceeding a fraction of the monthly 
baseline and which is, on that basis, exempt 
from compulsory social insurance constitu­
tes indirect discrimination based on sex, 
where that exclusion applies independently 
of the sex of the worker but actually affects 
a considerably higher percentage of women 
than men. 
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