Keywords
Summary

Keywords

1 . SOCIAL POLICY - MEN AND WOMEN - PAY - EQUALITY - PRINCIPLE - DISCRIMINATION ARISING FROM TRAVEL FACILITIES PROVIDED FOR FORMER EMPLOYEES AFTER RETIREMENT

( EEC TREATY , ART . 119 )

2 . SOCIAL POLICY , MEN AND WOMEN - PAY - EQUALITY - PRINCIPLE - DIRECT EFFECT - DISCRIMINATION BASED ON DIFFERENCE OF SEX CAPABLE OF BEING ESTABLISHED BY NATIONAL COURT

( EEC TREATY , ART . 119 )

Summary

1 . THE FACT THAT AN EMPLOYER ( ALTHOUGH NOT BOUND TO DO SO BY CONTRACT ) PROVIDES SPECIAL TRAVEL FACILITIES FOR FORMER MALE EMPLOYEES TO ENJOY AFTER THEIR RETIREMENT CONSTITUTES DISCRIMINATION WITHIN THE MEANING OF ARTICLE 119 AGAINST FORMER FEMALE EMPLOYEES WHO DO NOT RECEIVE THE SAME FACILITIES .

2 . WHERE A NATIONAL COURT IS ABLE , USING THE CRITERIA OF EQUAL WORK AND EQUAL PAY , WITHOUT THE OPERATION OF COMMUNITY OR NATIONAL MEASURES , TO ESTABLISH THAT THE GRANT BY AN EMPLOYER OF SPECIAL TRAVEL FACILITIES SOLELY TO RETIRED MALE EMPLOYEES REPRESENTS DISCRIMINATION BASED ON DIFFERENCE OF SEX , THE PROVISIONS OF ARTICLE 119 OF THE TREATY APPLY DIRECTLY TO SUCH A SITUATION .