OF WOMEN THAN MEN IS NOT SUFFICIENT TO SHOW THAT THEY CONSTITUTE AN INFRINGEMENT OF ARTICLE 119 .
37 THE ANSWER TO QUESTION 2 ( A ) MUST THEREFORE BE THAT UNDER ARTICLE 119 A DEPARTMENT STORE COMPANY MAY JUSTIFY THE ADOPTION OF A PAY POLICY EXCLUDING PART-TIME WORKERS , IRRESPECTIVE OF THEIR SEX , FROM ITS OCCUPATIONAL PENSION SCHEME ON THE GROUND THAT IT SEEKS TO EMPLOY AS FEW PART-TIME WORKERS AS POSSIBLE , WHERE IT IS FOUND THAT THE MEANS CHOSEN FOR ACHIEVING THAT OBJECTIVE CORRESPOND TO A REAL NEED ON THE PART OF THE UNDERTAKING , ARE APPROPRIATE WITH A VIEW TO ACHIEVING THE OBJECTIVE IN QUESTION AND ARE NECESSARY TO THAT END .
QUESTION 2 ( B )
38 FINALLY , IN QUESTION 2 ( B ), THE NATIONAL COURT ASKS WHETHER AN EMPLOYER IS OBLIGED UNDER ARTICLE 119 OF THE TREATY TO ORGANIZE ITS OCCUPATIONAL PENSION SCHEME IN SUCH A MANNER AS TO TAKE INTO ACCOUNT THE FACT THAT FAMILY RESPONSIBILITIES PREVENT WOMEN WORKERS FROM FULFILLING THE REQUIREMENTS FOR SUCH A PENSION .
39 IN HER OBSERVATIONS MRS WEBER VON HARTZ ARGUES THAT THE ANSWER TO THAT QUESTION SHOULD BE IN THE AFFIRMATIVE . SHE ARGUES THAT THE DISADVANTAGES SUFFERED BY WOMEN BECAUSE OF THE EXCLUSION OF PART-TIME WORKERS FROM THE OCCUPATIONAL PENSION SCHEME MUST AT LEAST BE MITIGATED BY REQUIRING THE EMPLOYER TO REGARD PERIODS DURING WHICH WOMEN WORKERS HAVE HAD TO MEET FAMILY RESPONSIBILITIES AS PERIODS OF FULL-TIME WORK .
40 ACCORDING TO THE COMMISSION , ON THE OTHER HAND , THE PRINCIPLE LAID DOWN IN ARTICLE 119 DOES NOT REQUIRE EMPLOYERS , IN ESTABLISHING OCCUPATIONAL PENSION SCHEMES , TO TAKE INTO ACCOUNT THEIR EMPLOYEES ' FAMILY RESPONSIBILITIES . IN THE COMMISSION ' S VIEW , THAT OBJECTIVE MUST BE PURSUED BY MEANS OF MEASURES ADOPTED UNDER ARTICLE 117 . IT REFERS IN THAT REGARD TO ITS PROPOSAL FOR A COUNCIL DIRECTIVE ON VOLUNTARY PART-TIME WORK SUBMITTED ON 4 JANUARY 1982 ( OFFICIAL JOURNAL 1982 , C 62 , P . 7 ) AND AMENDED ON 5 JANUARY 1983 ( OFFICIAL JOURNAL 1983 , C 18 , P . 5 ), WHICH HAS NOT YET BEEN ADOPTED .
41 IT MUST BE POINTED OUT THAT , AS WAS STATED IN THE JUDGMENT OF 15 JUNE 1978 , THE SCOPE OF ARTICLE 119 IS RESTRICTED TO THE QUESTION OF PAY DISCRIMINATION BETWEEN MEN AND WOMEN WORKERS . PROBLEMS RELATED TO OTHER CONDITIONS OF WORK AND EMPLOYMENT , ON THE OTHER HAND , ARE COVERED GENERALLY BY OTHER PROVISIONS OF COMMUNITY LAW , IN PARTICULAR ARTICLES 117 AND 118 OF THE TREATY , WITH A VIEW TO THE HARMONIZATION OF THE SOCIAL SYSTEMS OF MEMBER STATES AND THE APPROXIMATION OF THEIR LEGISLATION IN THAT AREA .
42 THE IMPOSITION OF AN OBLIGATION SUCH AS THAT ENVISAGED BY THE NATIONAL COURT IN ITS QUESTION GOES BEYOND THE SCOPE OF ARTICLE 119 AND HAS NO OTHER BASIS IN COMMUNITY LAW AS IT NOW STANDS .
43 THE