Deutsche Post (Social policy) [2000] EUECJ C-270/97 (10 February 2000)

Deutsche Post (Social policy) [2000] EUECJ C-270/97 (10 February 2000)

The temporal limitation on the direct effect of Article 119 EC does not preclude national provisions granting retroactive pension rights to part-time workers; Article 119 EC does not preclude such national provisions even if competitive distortions arise; national courts must interpret national law in conformity with Article 119 EC to ensure equal pay for men and women.

Citation
[2000] EUECJ C-270/97
Parties
Respondent: Deutsche Post AG; Applicant: E. Sievers; Applicant: B. Schrage
Jurisdiction
European Union
Judgment Date
10 February 2000
Procedural Posture
Preliminary Reference / Judgment on Referred Questions
Outcome
Questions answered; national law not precluded by EU temporal limitation; national courts must interpret law in conformity with Article 119 EC.
Legal Topics
Equal Pay, Occupational Pensions, Part Time Workers, Direct Effect, Retroactivity, Primacy of EU Law, Interpretation of National Law
European Union Law Labour Law Equality Law Equal Pay Occupational Pensions Part Time Workers Direct Effect Retroactivity +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 26 Party arguments 2
Sign in to unlock

Parties

Deutsche Post AG

Respondent

E. Sievers

Applicant

B. Schrage

Applicant

Procedural Posture

Preliminary Reference / Judgment on Referred Questions

Legal Issues

  1. 1 Does the temporal limitation on the direct effect of Article 119 EC preclude national provisions granting retroactive pension rights to part-time workers?
  2. 2 Does Article 119 EC preclude national provisions granting retroactive pension rights to part-time workers due to risk of competitive distortion?
  3. 3 Are national courts required to interpret national law in conformity with Article 119 EC?

Ratio Decidendi

The temporal limitation on the direct effect of Article 119 EC does not preclude national provisions granting retroactive pension rights to part-time workers; Article 119 EC does not preclude such national provisions even if competitive distortions arise; national courts must interpret national law in conformity with Article 119 EC to ensure equal pay for men and women.

Court Disposition

Questions answered; national law not precluded by EU temporal limitation; national courts must interpret law in conformity with Article 119 EC.

Orders

  • National provisions granting retroactive pension rights to part-time workers are not precluded by Article 119 EC temporal limitation.
  • Article 119 EC does not preclude national provisions granting retroactive pension rights despite risk of competitive distortion.