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Document 62007CJ0046

Judgment of the Court (Fourth Chamber) of 13 November 2008.
Commission of the European Communities v Italian Republic.
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.
Case C-46/07.

European Court Reports 2008 I-00151*

ECLI identifier: ECLI:EU:C:2008:618





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.

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