Brussels, 27/03/2009 (Agence Europe) - In a ruling issued on Thursday 26 March 2006 (Case C-559/07), the European Court of Justice said that the differences between men and women as regards pensionable age and minimum lengths of service required under the Greek civil and military pensions code are incompatible with Community law. The Court of Justice explained the “rules merely apply more favourable conditions to women, particularly to mothers, than to men, without remedying the problems which women encounter in the course of their professional careers.”
The EC Treaty prohibits any discrimination in respect of pay between male and female workers in whatever form. The Commission sought a declaration from the Court of Justice that the provisions of the Greek Civil and Military Pensions Code providing for differences between male and female workers with regard to pensionable age and minimum length of service infringe the principle of equal treatment. The Commission takes the view that the system lays down retirement conditions that are less favourable to men than women.
Greece has not disputed the facts but argued that the Greek pension system, as a statutory social security scheme, does not fall within the scope of the Treaty but rather under Directive 79/7/EEC on the gradual implementation of equal treatment for men and women in social security matters, which allows member states to exclude from its scope the determination of pensionable age. In any event, the differences relate to the different social roles of men and women and the measures compensate for the disadvantages suffered by women because of the shorter duration of their working life.
In its ruling, the Court of Justice points out that under the treaty, each member state “is to ensure that the principle of equal pay for male and female workers for equal work is applied. 'Pay' means the wage or salary and any other consideration, whether in cash or in kind, which the worker receives directly or indirectly…” and “does include benefits paid under a pension scheme, which essentially relates to the employment of the person concerned.” The Court notes that “the pension paid under the Greek Code complies with the three criteria defined by the Court's case-law, enabling it to be classified as pay within the meaning of the treaty.”
The Court then points out that “it is contrary to the principle of equal treatment to impose for the granting of a retirement pension paid in relation to employment age conditions and rules on minimum periods of service required, which differ according to sex for workers in identical or comparable situations. That principle does not preclude a member state from applying measures providing for specific advantages intended to facilitate the exercise of a professional activity by the under-represented sex or from preventing or compensating for disadvantages in professional careers. Furthermore, national measures covered by the principle of equal treatment must, in any event, contribute to helping women conduct their professional life on an equal footing with men. The Court holds that the provisions of the Greek Civil and Military Pension Code are not of a nature to offset the disadvantages to which the careers of female civil servants and military personnel are exposed by helping them in their professional life.” (O.L./transl.fl)