CELEX: 62007CJ0559
Language: en
Date: 2009-03-26
Title: Judgment of the Court (Third Chamber) of 26 March 2009. # Commission of the European Communities v Hellenic Republic. # Failure of a Member State to fulfil obligations - Social policy - Article 141 EC - Equal pay for male and female workers - National civil and military pension regime - Different treatment with regard to retirement age and minimum required service - Justification - None. # Case C-559/07.

Judgment of the Court (Third Chamber) of 26 March 2009 – Commission v Greece
      (Case C‑559/07)
      Failure of a Member State to fulfil obligations – Social policy – Article 141 EC – Equal pay for male and female workers – National civil and military pension regime – Different treatment with regard to retirement age and minimum required service – Justification – None
      1.                     Social policy – Male and female workers – Equal pay – Article 141 EC – Effects of a judgment of the Court finding there to
            be discrimination (Art. 141 EC) (see para. 26)
      2.                     Social policy – Male and female workers – Equal pay – Remuneration –Meaning – Pensions regime for officials and civil servants
            (Art. 141 EC) (see paras 42, 44, 46-47, 49-50, 55, 60)
      3.                     Social policy – Male and female workers – Equal pay – Pensions regime for officials and civil servants (Art. 141 EC) (see
            paras 62, 66-68)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Infringement of Article 141 EC – Infringement of the principle of equal
                  pay for male and female workers – National civil and military retirement pensions regime prescribing a retirement age that
                  can vary according to sex.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that, by maintaining in force provisions which provide for differences between male and female workers with regard
                     to retirement age and minimum required service under the Greek Civil and Military Pensions Code instituted by Presidential
                     Decree No 166/2000 of 3 July 2000, in the version applicable to the present case, the Hellenic Republic has failed to fulfil
                     its obligations under Article 141 EC;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Hellenic Republic to pay the costs.