CELEX: C2000/102/09
Language: en
Date: 2000-04-08 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 10 February 2000 in Joined Cases C-234/96 and C-235/96 (references for preliminary rulings from the Landesarbeitsgericht Hamburg): Deutsche Telekom AG v Agnes Vick (C-234/96), Ute Conze (C-235/96) (Equal pay for men and women — Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced by Articles 136 EC to 143 EC )— Protocol concerning Article 119 of the EC Treaty — Occupational social security schemes — Exclusion of part-time workers affiliated to a supplementary occupational retirement pension scheme — Retroactive membership — Entitlement to a pension — Relationship between national law and Community law)

C 102/6                  EN                       Official Journal of the European Communities                                           8.4.2000
proceedings pending before that court between Deutsche                                        JUDGMENT OF THE COURT
Telekom AG, formerly Deutsche Bundespost Telekom, and
Lilli Schröder — on the interpretation of 119 of the EC Treaty
(Articles 117 to 120 of the EC Treaty have been replaced by                                            (Sixth Chamber)
Articles 136 EC to 143 EC) and of the Protocol concerning
Article 119 of the Treaty establishing the European Com-
munity, annexed to the EC Treaty — the Court (Sixth                                                  of 10 February 2000
Chamber), composed of. R. Schintgen (Rapporteur), President
of the Second Chamber, acting for the President of the Sixth
Chamber, G. Hirsch and H. Ragnemalm, Judges; G. Cosmas,                      in Joined Cases C-234/96 and C-235/96 (references for
Advocate General; H.A. Rühl, Principal Administrator, for the                preliminary rulings from the Landesarbeitsgericht Ham-
Registrar, has given a judgment on 10 February 2000, in                      burg): Deutsche Telekom AG v Agnes Vick (C-234/96),
which it has ruled:                                                                               Ute Conze (C-235/96) (1)
1. The exclusion of part-time workers from an occupational pension           (Equal pay for men and women — Article 119 of the EC
     scheme such as that at issue in the main proceedings constitutes        Treaty (Articles 117 to 120 of the EC Treaty have been
     discrimination prohibited by Article 119 of the EC Treaty               replaced by Articles 136 EC to 143 EC ) — Protocol
     (Articles 117 to 120 of the EC Treaty have been replaced by             concerning Article 119 of the EC Treaty — Occupational
     Articles 136 EC to 143 EC) if that measure affects a considerably       social security schemes — Exclusion of part-time workers
     higher percentage of female workers than male workers and is            affiliated to a supplementary occupational retirement pen-
     not justified on objective grounds unrelated to any discrimination      sion scheme — Retroactive membership — Entitlement to a
     based on sex.                                                           pension — Relationship between national law and Com-
                                                                                                          munity law)
2. Where the exclusion of part-time workers from an occupational
     pension scheme constitutes indirect discrimination prohibited by
     Article 119 of the Treaty, the possibility of relying on the direct                                (2000/C 102/09)
     effect of that article is subject to a limitation in time whereby
     periods of service of such workers are to be taken into account
     only from 8 April 1976, the date of the judgment in Case
     43/75 Defrenne II [1976] ECR 455, for the purposes of their                                 (Language of the case: German)
     retroactive membership of such a scheme and calculation of the
     benefits to which they are entitled, except in the case of workers
     or those claiming under them who have before that date initiated
     legal proceedings or introduced an equivalent claim.                    (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
3. The limitation in time of the possibility of relying on the direct
     effect of Article 119 of the Treaty, resulting from the judgment        In Joined Cases C-234/96 and C-235/96: references to the
     in Defrenne II, does not preclude national provisions which lay         Court under Article 177 of the EC Treaty (now Article 234
     down a principle of equal treatment by virtue of which, in              EC) from the Landesarbeitsgericht Hamburg (Germany) for
     circumstances like those of the main proceedings, part-time             preliminary rulings in the proceedings pending before that
     workers are entitled to retroactive membership of an occupational       court between Deutsche Telekom AG and Agnes Vick
     pension scheme and to receive a pension under that scheme.              (C-234/96), Ute Conze (C-235/96) — on the interpretation of
                                                                             Article 119 of the EC Treaty (Articles 117 to 120 of the EC
                                                                             Treaty have been replaced by Articles 136 EC to 143 EC) and
4. Community law, in particular the principle of non-discrimination          of the Protocol on Article 119 of the Treaty establishing the
     on grounds of nationality and Article 119 of the Treaty, does           European Community, annexed to the EC Treaty — the Court
     not preclude provisions of a Member State which lay down a              (Sixth Chamber), composed of: R. Schintgen (Rapporteur),
     principle of equal treatment by virtue of which, in circumstances       President of the Second Chamber, acting for the President of
     like those of the main proceedings, part-time workers are entitled      the Sixth Chamber, G. Hirsch and H. Ragnemalm, Judges;
     to retroactive membership of an occupational pension scheme             G. Cosmas, Advocate General; H.A. Rühl, Principal Adminis-
     and to receive a pension under that scheme, notwithstanding the         trator, for the Registrar, has given a judgment on 10 February
     risk of distortions of competition between economic operators of        2000, in which it has ruled:
     the various Member States to the detriment of employers
     established in the first Member State.
                                                                             1. The limitation in time of the possibility of relying on the direct
                                                                                 effect of Article 119 of the EC Treaty (Articles 117 to 120 of
                                                                                 the EC Treaty have been replaced by Articles 136 EC to 143
                                                                                 EC), resulting from the judgment in Case 43/75 Defrenne v
(1) OJ C 133 of 4.5.1996.
                                                                                 Sabena [1976] ECR 455, does not preclude national provisions
                                                                                 which lay down a principle of equal treatment by virtue of which,
                                                                                 in circumstances like those of the main proceedings, all part-time
                                                                                 workers are entitled to retroactive membership of an occupational
                                                                                 pension scheme and to receive a pension under that scheme.
 ---pagebreak--- 8.4.2000                 EN                     Official Journal of the European Communities                                             C 102/7
2. The fact that the relevant national provisions prohibit all                  EC), resulting from the judgment in Case 43/75 Defrenne v
    discrimination against workers by reason of the fact that they              Sabena [1976] ECR 455, does not preclude national provisions
    work part time, and not by reason of their sex, does not affect the         which lay down a principle of equal treatment by virtue of which,
    answer to be given to the first question.                                   in circumstances like those of the main proceedings, all part-time
                                                                                workers are entitled to retroactive membership of an occupational
                                                                                pension scheme and to receive a pension under that scheme.
(1) OJ C 269 of 14.9.1996.
                                                                           2. Article 119 of the Treaty does not preclude provisions of a
                                                                                Member State which lay down a principle of equal treatment by
                                                                                virtue of which, in circumstances like those of the main
                                                                                proceedings, all part-time workers are entitled to retroactive
                                                                                membership of a private occupational pension scheme and to
                                                                                receive a pension under that scheme, notwithstanding the risk of
                 JUDGMENT OF THE COURT                                          distortions of competition between economic operators of the
                                                                                various Member States to the detriment of employers established
                          (Sixth Chamber)                                       in the first Member State.
                        of 10 February 2000                                3. National courts are required to interpret their national law as far
                                                                                as possible in the light of the wording and purpose of the relevant
in Joined Cases C-270/97 and C-271/97 (references for                           Community provisions, in particular Article 119 of the Treaty,
preliminary rulings from the Landesarbeitsgericht Nieder-                       in order to ensure application of the principle of equal pay for
sachsen): Deutsche Post AG v Elisabeth Sievers                                  men and women.
         (C-270/97), Brunhilde Schrage (C-271/97) (1)
                                                                           (1) OJ C 271 of 6.9.1997.
(Equal pay for men and women — Article 119 of the EC
Treaty (Articles 117 to 120 of the EC Treaty have been
replaced by Articles 136 EC to 143 EC) — Protocol
concerning Article 119 of the EC Treaty — Occupational
social security schemes — Exclusion of part-time workers
affiliated to a supplementary occupational retirement pen-
sion scheme — Retroactive membership — Entitlement to a
pension — Relationship between national law and Com-
munity law — Interpretation consonant with Community                                          JUDGMENT OF THE COURT
                                 law)
                                                                                                      (Sixth Chamber)
                           (2000/C 102/10)
                                                                                                    of 10 February 2000
                    (Language of the case: German)
                                                                           in Case C-340/97 (reference for a preliminary ruling from
                                                                           the Bayerisches Verwaltungsgericht Ansbach): Ömer
(Provisional translation; the definitive translation will be published         Nazli, Caglar Nazli, Melike Nazli v Stadt Nürnberg (1)
                    in the European Court Reports)
In Joined Cases C-270/97 and C-271/97: references to the                   (EEC-Turkey Association Agreement — Freedom of move-
Court under Article 177 of the EC Treaty (now Article 234                  ment for workers — Articles 6(1) and 14(1) of Decision
EC) from the Landesarbeitsgericht Niedersachsen (Germany)                  No 1/80 of the Association Council — Registration as duly
for preliminary rulings in the proceedings pending before                  belonging to the labour force of a Member State — Turkish
that court between Deutsche Post AG and Elisabeth Sievers                  worker detained pending trial and subsequently sentenced to
(C-270/97), Brunhilde Schrage (C-271/97) — on the interpret-               a suspended term of imprisonment — Expulsion on general
ation of Article 119 of the EC Treaty (Articles 117 to 120 of                                        preventive grounds)
the EC Treaty have been replaced by Articles 136 EC to 143
EC) and of the Protocol concerning Article 119 of the Treaty                                           (2000/C 102/11)
establishing the European Community, annexed to the EC
Treaty — the Court (Sixth Chamber), composed of: R. Schint-
gen (Rapporteur), President of the Second Chamber, acting for                                   (Language of the case: German)
the President of the Sixth Chamber, G. Hirsch and H. Ragne-
malm, Judges; G. Cosmas, Advocate General; H.A. Rühl, Princi-
pal Administrator, for the Registrar, has given a judgment on              (Provisional translation; the definitive translation will be published
10 February 2000, in which it has ruled:                                                        in the European Court Reports)
1. The limitation in time of the possibility of relying on the direct
    effect of Article 119 of the EC Treaty (Articles 117 to 120 of         In Case C-340/97: reference to the Court under Article 177 of
    the EC Treaty have been replaced by Articles 136 EC to 143             the EC Treaty (now Article 234 EC) from the Bayerisches