ONLY SLIGHT MUSCULAR DEMANDS , SHE SHOULD BE CLASSIFIED IN WAGE GROUP II .
6 THE ARBEITSGERICHT OLDENBURG CONSIDERED THAT IN ORDER TO ARRIVE AT A DECISION ON THE CLASSIFICATION OF THE PLAINTIFF IN ONE OF THE WAGE GROUPS IN QUESTION IT NEEDED TO KNOW FIRST WHETHER THE CLASSIFICATION CRITERIA WERE COMPATIBLE WITH DIRECTIVE 75/117 ; IT THEREFORE STAYED THE PROCEEDINGS AND REFERRED THE FOLLOWING QUESTIONS TO THE COURT FOR A PRELIMINARY RULING :
' ( 1 ) DOES IT FOLLOW FROM THE PROVISIONS OF COUNCIL DIRECTIVE 75/117/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE APPLICATION OF THE PRINCIPLE OF EQUAL PAY FOR MEN AND WOMEN THAT IN JOB CLASSIFICATION SYSTEMS NO DISTINCTION MAY BE MADE ON THE BASIS OF :
( A ) THE EXTENT TO WHICH A JOB MAKES DEMANDS ON OR REQUIRES AN EFFORT OF THE MUSCLES ;
( B)WHETHER THE WORK IS HEAVY OR NOT?
( 2)IF QUESTION ( 1 ) IS ANSWERED ESSENTIALLY IN THE NEGATIVE :
AS REGARDS THE DECISION AS TO :
( A)THE EXTENT TO WHICH A JOB MAKES DEMANDS ON OR REQUIRES AN EFFORT OF THE MUSCLES ;
( B)WHETHER THE WORK IS HEAVY OR NOT ,
IS REFERENCE TO BE MADE TO THE EXTENT TO WHICH IT MAKES DEMANDS ON OR REQUIRES AN EFFORT FROM WOMEN OR WHETHER IT IS HEAVY FOR WOMEN?
( 3)IF QUESTION ( 2 ) IS ANSWERED IN THE AFFIRMATIVE :
DOES A JOB CLASSIFICATION SYSTEM WHICH USES THE CRITERION OF DEMAND ON OR EFFORT OF THE MUSCLES OR THE CRITERION OF HEAVINESS OF WORK BUT DOES NOT MAKE CLEAR THAT IT IS SIGNIFICANT TO WHAT EXTENT THE WORK MAKES DEMANDS ON OR REQUIRES AN EFFORT OF THE MUSCLES AS REGARDS WOMEN OR WHETHER THE WORK IS HEAVY FOR WOMEN SATISFY THE REQUIREMENTS OF THE DIRECTIVE? '
QUESTION ( 1 )
7 BY ITS FIRST QUESTION THE NATIONAL COURT SEEKS TO ASCERTAIN WHETHER A JOB CLASSIFICATION SYSTEM BASED ON THE CRITERIA OF MUSCLE DEMAND OR MUSCULAR EFFORT AND THE HEAVINESS OF THE WORK IS COMPATIBLE WITH THE PRINCIPLE OF EQUAL PAY FOR MEN AND WOMEN .
8 ACCORDING TO DATO-DRUCK GMBH , PAY CRITERIA MUST IN ESSENCE BE ESTABLISHED IN ACCORDANCE WITH THE DUTIES ACTUALLY PERFORMED , AND NOT BY REFERENCE TO THE PERSONAL ATTRIBUTES OF THE WORKER WHO CARRIES THEM OUT . IN ITS VIEW , THE CRITERIA OF MUSCLE DEMAND AND THE HEAVINESS OF THE WORK ARE IN NO WAY DISCRIMINATORY IN SO FAR AS THEY CORRESPOND TO THE CHARACTERISTICS OF THE DUTIES PERFORMED AND ARE USED IN A SYSTEM WHICH ALSO REFERS TO THE CRITERIA OF ABILITY , MENTAL EFFORT AND RESPONSIBILITY .
9 THE UNITED KINGDOM CONSIDERS THAT THE PRINCIPLE OF NON-DISCRIMINATION DOES NOT PRECLUDE THE USE OF A CRITERION IN RELATION TO WHICH ONE SEX HAS GREATER NATURAL ABILITY THAN THE OTHER , SO LONG AS THAT CRITERION IS REPRESENTATIVE OF THE RANGE OF ACTIVITIES INVOLVED IN THE JOB IN QUESTION . A SYSTEM BASED