CELEX: C2004/179/01
Language: en
Date: 2004-07-10 00:00:00
Title: Judgment of the Court (First Chamber) of 27 May 2004 in Case C-285/02 (reference for a preliminary ruling from the Verwaltungsgericht Minden (Germany)): Edeltraud Elsner-Lakeberg v Land Nordrhein-Westfalen (Article 141 EC — Directive 75/117/EEC — National measure providing that full-time and part-time teachers are obliged to work the same number of additional hours before being entitled to remuneration — Indirect discrimination against women teachers employed part-time)

10.7.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 179/1
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 27 May 2004
   in Case C-285/02 (reference for a preliminary ruling from the Verwaltungsgericht Minden (Germany)): Edeltraud Elsner-Lakeberg v Land Nordrhein-Westfalen (1)
   
   (Article 141 EC - Directive 75/117/EEC - National measure providing that full-time and part-time teachers are obliged to work the same number of additional hours before being entitled to remuneration - Indirect discrimination against women teachers employed part-time)
   (2004/C 179/01)
   Language of the case: German
   In Case C-285/02: reference to the Court under Article 234 EC from the Verwaltungsgericht Minden (Germany) for a preliminary ruling in the proceedings pending before that court between Edeltraud Elsner-Lakeberg and Land Nordrhein-Westfalen — on the interpretation of Article 141 EC and Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (OJ 1975 L 45, p. 19) — the Court (First Chamber) composed of: P. Jann (Rapporteur), President of the Chamber, A. La Pergola, S. von Bahr, R. Silva de Lapuerta and K. Lenaerts, Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a judgment on, the operative part of which is as follows:
   Article 141 EC and Article 1 of Council Directive 75/117/EEC of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women, must be interpreted as precluding national legislation which provides that teachers, part-time as well as full-time, do not receive any remuneration for additional hours worked when the additional work does not exceed three hours per calendar month, if that different treatment affects considerably more women than men and if there is no objective unrelated to sex which justifies that different treatment or it is not necessary to achieve the objective pursued.
   
      (1)  OJ C 247, 12.10.2002.