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Document 62007CA0046

Case C-46/07: Judgment of the Court (Fourth Chamber) of 13 November 2008 — Commission of the European Communities v Italian Republic (Failure of Member State to fulfil its obligations — Article 141 EC — Social Policy — Equal pay for male and female workers — Concept of pay — Officials' retirement scheme)

IO C 6, 10.1.2009, p. 3–4 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

10.1.2009   

EN

Official Journal of the European Union

C 6/3


Judgment of the Court (Fourth Chamber) of 13 November 2008 — Commission of the European Communities v Italian Republic

(Case C-46/07) (1)

(Failure of Member State to fulfil its obligations - Article 141 EC - Social Policy - Equal pay for male and female workers - Concept of ‘pay’ - Officials' retirement scheme)

(2009/C 6/05)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: L. Pignataro-Nolin and M. van Beek, acting as Agents)

Defendant: Italian Republic (represented by: I. Braguglia, Agent and G. Fiengo and W. Ferrante, Lawyers)

Re:

Failure of 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 of the judgment

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.


(1)  OJ C 82, 14.4.2007.


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