Judgment of the Court (Fourth Chamber) of 13 November 2008 – Commission v Italy
(Case C‑46/07)
Failure of a Member State to fulfil its obligations – Article 141 EC – Social Policy – Equal pay for male and female workers – Concept of ‘pay’ – Officials’ retirement scheme)
Social policy – Male and female workers – Equal pay (Art. 141 EC; Social Policy Agreement 1992, Art. 6(3)) (see paras 35-59)
Re:
Failure of a Member State to fulfil its obligations – Infringement of Article 141 EC – Infringement of the principle of equal pay for male and female workers – National legislation providing for a retirement age for public officials which varies according to sex. |
Operative part
The Court:
1. |
Declares that by maintaining provisions under which the age at which officials have the right to receive the old-age pension varies according to whether they are men or women, the Italian Republic has failed to fulfil its obligations under Article 141 EC; |
2. |
Orders the Italian Republic to pay the costs. |