FEBRUARY 1976 ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN AS REGARDS ACCESS TO EMPLOYMENT , VOCATIONAL TRAINING AND PROMOTION AND WORKING CONDITIONS ( OFFICIAL JOURNAL L 39 , P . 40 ).
19IN CONTRAST TO THE PROVISIONS OF ARTICLES 117 AND 118 , WHICH ARE ESSENTIALLY IN THE NATURE OF A PROGRAMME , ARTICLE 119 , WHICH IS LIMITED TO THE QUESTION OF PAY DISCRIMINATION BETWEEN MEN AND WOMEN WORKERS , CONSTITUTES A SPECIAL RULE , WHOSE APPLICATION IS LINKED TO PRECISE FACTORS .
20IN THESE CIRCUMSTANCES IT IS IMPOSSIBLE TO EXTEND THE SCOPE OF THAT ARTICLE TO ELEMENTS OF THE EMPLOYMENT RELATIONSHIP OTHER THAN THOSE EXPRESSLY REFERRED TO .
21IN PARTICULAR , THE FACT THAT THE FIXING OF CERTAIN CONDITIONS OF EMPLOYMENT - SUCH AS A SPECIAL AGE-LIMIT - MAY HAVE PECUNIARY CONSEQUENCES IS NOT SUFFICIENT TO BRING SUCH CONDITIONS WITHIN THE FIELD OF APPLICATION OF ARTICLE 119 , WHICH IS BASED ON THE CLOSE CONNEXION WHICH EXISTS BETWEEN THE NATURE OF THE SERVICES PROVIDED AND THE AMOUNT OF REMUNERATION .
22THAT IS A FORTIORI TRUE SINCE THE TOUCHSTONE WHICH FORMS THE BASIS OF ARTICLE 119 - THAT IS , THE COMPARABLE NATURE OF THE SERVICES PROVIDED BY WORKERS OF EITHER SEX - IS A FACTOR AS REGARDS WHICH ALL WORKERS ARE EX HYPOTHESI ON AN EQUAL FOOTING , WHEREAS IN MANY RESPECTS AN ASSESSMENT OF THE OTHER CONDITIONS OF EMPLOYMENT AND WORKING CONDITIONS INVOLVES FACTORS CONNECTED WITH THE SEX OF THE WORKERS , TAKING INTO ACCOUNT CONSIDERATIONS AFFECTING THE SPECIAL POSITION OF WOMEN IN THE WORK PROCESS .
23IT IS , THEREFORE , IMPOSSIBLE TO WIDEN THE TERMS OF ARTICLE 119 TO THE POINT , FIRST , OF JEOPARDIZING THE DIRECT APPLICABILITY WHICH THAT PROVISION MUST BE ACKNOWLEDGED TO HAVE IN ITS OWN SPHERE AND , SECONDLY , OF INTERVENING IN AN AREA RESERVED BY ARTICLES 117 AND 118 TO THE DISCRETION OF THE AUTHORITIES REFERRED TO THEREIN .
24THE REPLY TO THE FIRST PART OF THE QUESTION MUST THEREFORE BE THAT ARTICLE 119 OF THE TREATY CANNOT BE INTERPRETED AS PRESCRIBING , IN ADDITION TO EQUAL PAY , EQUALITY IN RESPECT OF THE OTHER WORKING CONDITIONS APPLICABLE TO MEN AND WOMEN .
THE SECOND PART OF THE QUESTION - THE EXISTENCE OF A GENERAL PRINCIPLE PROHIBITING DISCRIMINATION BASED ON SEX IN CONDITIONS OF EMPLOYMENT AND WORKING CONDITIONS
25THE SECOND PART OF THE QUESTION ASKS WHETHER , APART FROM THE SPECIFIC PROVISIONS OF ARTICLE 119 , COMMUNITY LAW CONTAINS ANY GENERAL PRINCIPLE PROHIBITING DISCRIMINATION BASED ON SEX AS REGARDS THE CONDITIONS OF EMPLOYMENT AND WORKING CONDITIONS OF MEN AND WOMEN .
26THE COURT HAS REPEATEDLY STATED THAT RESPECT FOR FUNDAMENTAL PERSONAL HUMAN RIGHTS IS ONE OF THE GENERAL PRINCIPLES OF COMMUNITY LAW , THE OBSERVANCE OF WHICH IT HAS A DUTY TO ENSURE .
27THERE CAN BE NO DOUBT THAT THE ELIMINATION OF DISCRIMINATION BASED ON SEX FORMS PART OF THOSE FUNDAMENTAL RIGHTS .
28MOREOVER , THE SAME CONCEPTS ARE RECOGNIZED BY