THE UNDERTAKING SHOWS THAT THE EXCLUSION IS BASED ON OBJECTIVELY JUSTIFIED FACTORS UNRELATED TO ANY DISCRIMINATION ON GROUNDS OF SEX .
QUESTION 2 ( A )
32 IN ITS SECOND QUESTION THE NATIONAL COURT SEEKS IN ESSENCE TO KNOW WHETHER THE REASONS PUT FORWARD BY BILKA TO EXPLAIN ITS PAY POLICY MAY BE REGARDED AS ' OBJECTIVELY JUSTIFIED ECONOMIC GROUNDS ' , AS REFERRED TO IN THE JUDGMENT OF 31 MARCH 1981 , WHERE THE INTERESTS OF UNDERTAKINGS IN THE DEPARTMENT STORE SECTOR DO NOT REQUIRE SUCH A POLICY .
33 IN ITS OBSERVATIONS BILKA ARGUES THAT THE EXCLUSION OF PART-TIME WORKERS FROM THE OCCUPATIONAL PENSION SCHEME IS INTENDED SOLELY TO DISCOURAGE PART-TIME WORK , SINCE IN GENERAL PART-TIME WORKERS REFUSE TO WORK IN THE LATE AFTERNOON AND ON SATURDAYS . IN ORDER TO ENSURE THE PRESENCE OF AN ADEQUATE WORKFORCE DURING THOSE PERIODS IT WAS THEREFORE NECESSARY TO MAKE FULL-TIME WORK MORE ATTRACTIVE THAN PART-TIME WORK , BY MAKING THE OCCUPATIONAL PENSION SCHEME OPEN ONLY TO FULL-TIME WORKERS . BILKA CONCLUDES THAT ON THE BASIS OF THE JUDGMENT OF 31 MARCH 1981 IT CANNOT BE ACCUSED OF HAVING INFRINGED ARTICLE 119 .
34 IN REPLY TO THE REASONS PUT FORWARD TO JUSTIFY THE EXCLUSION OF PART-TIME WORKERS MRS WEBER VON HARTZ POINTS OUT THAT BILKA IS IN NO WAY OBLIGED TO EMPLOY PART-TIME WORKERS AND THAT IF IT DECIDES TO DO SO IT MAY NOT SUBSEQUENTLY RESTRICT THE PENSION RIGHTS OF SUCH WORKERS , WHICH ARE ALREADY REDUCED BY REASON OF THE FACT THAT THEY WORK FEWER HOURS .
35 ACCORDING TO THE COMMISSION , IN ORDER TO ESTABLISH THAT THERE HAS BEEN NO BREACH OF ARTICLE 119 IT IS NOT SUFFICIENT TO SHOW THAT IN ADOPTING A PAY PRACTICE WHICH IN FACT DISCRIMINATES AGAINST WOMEN WORKERS THE EMPLOYER SOUGHT TO ACHIEVE OBJECTIVES OTHER THAN DISCRIMINATION AGAINST WOMEN . THE COMMISSION CONSIDERS THAT IN ORDER TO JUSTIFY SUCH A PAY PRACTICE FROM THE POINT OF VIEW OF ARTICLE 119 THE EMPLOYER MUST , AS THE COURT HELD IN ITS JUDGMENT OF 31 MARCH 1981 , PUT FORWARD OBJECTIVE ECONOMIC GROUNDS RELATING TO THE MANAGEMENT OF THE UNDERTAKING . IT IS ALSO NECESSARY TO ASCERTAIN WHETHER THE PAY PRACTICE IN QUESTION IS NECESSARY AND IN PROPORTION TO THE OBJECTIVES PURSUED BY THE EMPLOYER .
36 IT IS FOR THE NATIONAL COURT , WHICH HAS SOLE JURISDICTION TO MAKE FINDINGS OF FACT , TO DETERMINE WHETHER AND TO WHAT EXTENT THE GROUNDS PUT FORWARD BY AN EMPLOYER TO EXPLAIN THE ADOPTION OF A PAY PRACTICE WHICH APPLIES INDEPENDENTLY OF A WORKER ' S SEX BUT IN FACT AFFECTS MORE WOMEN THAN MEN MAY BE REGARDED AS OBJECTIVELY JUSTIFIED ECONOMIC GROUNDS . IF THE NATIONAL COURT FINDS THAT THE MEASURES CHOSEN BY BILKA CORRESPOND TO A REAL NEED ON THE PART OF THE UNDERTAKING , ARE APPROPRIATE WITH A VIEW TO ACHIEVING THE OBJECTIVES PURSUED AND ARE NECESSARY TO THAT END , THE FACT THAT THE MEASURES AFFECT A FAR GREATER NUMBER