Joined Cases C-124/11, C-125/11 and C-143/11

Bundesrepublik Deutschland

v

Karen Dittrich and Others

and

Jörg-Detlef Müller

v

Bundesrepublik Deutschland

(Reference for a preliminary ruling from the Bundesverwaltungsgericht)

‛Equal treatment in employment and occupation — National rules — Assistance granted to public servants in the event of illness — Directive 2000/78/EC — Article 3 — Scope — Concept of ‘pay’’

Summary — Judgment of the Court (Third Chamber), 6 December 2012

Social policy — Equal treatment in employment and occupation — Directive 2000/78 — Scope — Assistance granted to public servants in the event of illness — Included — Conditions

(Art. 157 TFEU; Council Directive 2000/78, Art. 3(1)(c) and (3))

Article 3(1)(c) and 3(3) of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that assistance granted to public servants in the event of illness pursuant to their employment relationship with the State falls within the scope of that directive if it is the responsibility of the State, as a public employer, to finance it, this being a matter for the national court to determine.

Article 157 TFEU and, consequently, Directive 2000/78 apply to a financial benefit, such as assistance granted to public servants in the event of illness, under which part of the eligible health care expenses incurred by the public servant or certain members of his family are covered, and which seeks to cover health expenses incurred during that employment relationship or after it, if such a benefit is paid by the State acting as an employer.

(see paras 36, 38-40, 43, operative part)

Joined Cases C-124/11, C-125/11 and C-143/11

Bundesrepublik Deutschland

v

Karen Dittrich and Others

and

Jörg-Detlef Müller

v

Bundesrepublik Deutschland

(Reference for a preliminary ruling from the Bundesverwaltungsgericht)

‛Equal treatment in employment and occupation — National rules — Assistance granted to public servants in the event of illness — Directive 2000/78/EC — Article 3 — Scope — Concept of ‘pay’’

Summary — Judgment of the Court (Third Chamber), 6 December 2012

Social policy — Equal treatment in employment and occupation — Directive 2000/78 — Scope — Assistance granted to public servants in the event of illness — Included — Conditions

(Art. 157 TFEU; Council Directive 2000/78, Art. 3(1)(c) and (3))

Article 3(1)(c) and 3(3) of Directive 2000/78 establishing a general framework for equal treatment in employment and occupation must be interpreted as meaning that assistance granted to public servants in the event of illness pursuant to their employment relationship with the State falls within the scope of that directive if it is the responsibility of the State, as a public employer, to finance it, this being a matter for the national court to determine.

Article 157 TFEU and, consequently, Directive 2000/78 apply to a financial benefit, such as assistance granted to public servants in the event of illness, under which part of the eligible health care expenses incurred by the public servant or certain members of his family are covered, and which seeks to cover health expenses incurred during that employment relationship or after it, if such a benefit is paid by the State acting as an employer.

(see paras 36, 38-40, 43, operative part)