THE EUROPEAN SOCIAL CHARTER OF 18 NOVEMBER 1961 AND BY CONVENTION NO 111 OF THE INTERNATIONAL LABOUR ORGANIZATION OF 25 JUNE 1958 CONCERNING DISCRIMINATION IN RESPECT OF EMPLOYMENT AND OCCUPATION .
29ATTENTION MUST BE DRAWN IN THIS REGARD TO THE FACT THAT IN ITS JUDGMENTS OF 7 JUNE 1972 IN CASE 20/71 SABBATINI ( NEE BERTONI ) V EUROPEAN PARLIAMENT (( 1972 ) ECR 345 ) AND 20 FEBRUARY 1975 IN CASE 21/74 AIROLA V COMMISSION OF THE EUROPEAN COMMUNITIES (( 1975 ) ECR 221 ), THE COURT RECOGNIZED THE NEED TO ENSURE EQUALITY IN THE MATTER OF WORKING CONDITIONS FOR MEN AND WOMEN EMPLOYED BY THE COMMUNITY ITSELF , WITHIN THE CONTEXT OF THE STAFF REGULATIONS OF OFFICIALS .
30ON THE OTHER HAND , AS REGARDS THE RELATIONSHIPS OF EMPLOYER AND EMPLOYEE WHICH ARE SUBJECT TO NATIONAL LAW , THE COMMUNITY HAD NOT , AT THE TIME OF THE EVENTS NOW BEFORE THE BELGIAN COURTS , ASSUMED ANY RESPONSIBILITY FOR SUPERVISING AND GUARANTEEING THE OBSERVANCE OF THE PRINCIPLE OF EQUALITY BETWEEN MEN AND WOMEN IN WORKING CONDITIONS OTHER THAN REMUNERATION .
31AS HAS BEEN STATED ABOVE , AT THE PERIOD UNDER CONSIDERATION COMMUNITY LAW CONTAINED ONLY THE PROVISIONS IN THE NATURE OF A PROGRAMME LAID DOWN BY ARTICLES 117 AND 118 OF THE TREATY , WHICH RELATE TO THE GENERAL DEVELOPMENT OF SOCIAL WELFARE , IN PARTICULAR AS REGARDS CONDITIONS OF EMPLOYMENT AND WORKING CONDITIONS .
32IT FOLLOWS THAT THE SITUATION BEFORE THE BELGIAN COURTS IS GOVERNED BY THE PROVISIONS AND PRINCIPLES OF INTERNAL AND INTERNATIONAL LAW IN FORCE IN BELGIUM .
33THE REPLY TO THE SECOND PART OF THE QUESTION MUST THEREFORE BE THAT AT THE TIME OF THE EVENTS WHICH FORM THE BASIS OF THE MAIN ACTION THERE WAS , AS REGARDS THE RELATIONSHIPS BETWEEN EMPLOYER AND EMPLOYEE UNDER NATIONAL LAW , NO RULE OF COMMUNITY LAW PROHIBITING DISCRIMINATION BETWEEN MEN AND WOMEN IN THE MATTER OF WORKING CONDITIONS OTHER THAN THE REQUIREMENTS AS TO PAY REFERRED TO IN ARTICLE 119 OF THE TREATY .
Decision on costs
COSTS
34THE COSTS INCURRED BY THE GOVERNMENT OF THE UNITED KINGDOM , THE GOVERNMENT OF THE ITALIAN REPUBLIC AND THE COMMISSION OF THE EUROPEAN COMMUNITIES , WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT , ARE NOT RECOVERABLE .
35AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE COUR DE CASSATION OF BELGIUM , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT
IN ANSWER TO THE QUESTIONS REFERRED TO IT BY THE COUR DE CASSATION OF BELGIUM BY JUDGMENT OF 28 NOVEMBER 1977 , HEREBY RULES :
ARTICLE 119 OF THE EEC TREATY CANNOT BE INTERPRETED AS PRESCRIBING , IN ADDITION TO EQUAL PAY , EQUALITY IN RESPECT OF THE OTHER WORKING CONDITIONS APPLICABLE TO MEN AND WOMEN .
AT THE TIME OF THE EVENTS WHICH FORM THE