Keywords
Summary

Keywords

1 . SOCIAL POLICY - MEN AND WOMEN WORKERS - PAY - EQUALITY - PRINCIPLE - SCOPE - LIMITS

( EEC TREATY , ART . 119 )

2 . COMMUNITY LAW - GENERAL PRINCIPLES OF LAW - FUNDAMENTAL PERSONAL RIGHTS - OBSERVANCE ENSURED BY THE COURT - DISCRIMINATION BASED ON SEX - PROHIBITION - POWERS OF THE COMMUNITY - LIMITS

Summary

1 . ARTICLE 119 OF THE EEC TREATY , WHICH IS LIMITED TO THE QUESTION OF PAY DISCRIMINATION BETWEEN MEN AND WOMEN WORKERS , CONSTITUTES A SPECIAL RULE , WHOSE APPLICATION IS LINKED TO PRECISE FACTORS . IT CANNOT BE INTERPRETED AS PRESCRIBING , IN ADDITION TO EQUAL PAY , EQUALITY IN RESPECT OF THE OTHER WORKING CONDITIONS APPLICABLE TO MEN AND WOMEN .

THE FACT THAT THE FIXING OF CERTAIN CONDITIONS OF EMPLOYMENT - SUCH AS A SPECIAL AGE-LIMIT - MAY HAVE PECUNIARY CONSEQUENCES IS NOT SUFFICIENT TO BRING SUCH CONDITIONS WITHIN THE FIELD OF APPLICATION OF ARTICLE 119 , WHICH IS BASED ON THE CLOSE CONNEXION WHICH EXISTS BETWEEN THE NATURE OF THE SERVICES PROVIDED AND THE AMOUNT OF REMUNERATION .

2 . FUNDAMENTAL PERSONAL HUMAN RIGHTS FORM PART OF THE GENERAL PRINCIPLES OF COMMUNITY LAW , THE OBSERVANCE OF WHICH THE COURT HAS A DUTY TO ENSURE . THE ELIMINATION OF DISCRIMINATION BASED ON SEX FORMS PART OF THOSE FUNDAMENTAL RIGHTS . HOWEVER , IT IS NOT FOR THE COURT TO ENFORCE THE OBSERVANCE OF THAT RULE OF NON- DISCRIMINATION IN RESPECT OF RELATIONSHIPS BETWEEN EMPLOYER AND EMPLOYEE WHICH ARE A MATTER EXCLUSIVELY FOR NATIONAL LAW .