Deutsche Post (Social policy) [2000] EUECJ C-271/97 (10 February 2000)

Deutsche Post (Social policy) [2000] EUECJ C-271/97 (10 February 2000)

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

Citation
[2000] EUECJ C-271/97
Parties
Respondent: Deutsche Post AG; Applicant: E. Sievers; Applicant: B. Schrage
Jurisdiction
European Union
Judgment Date
10 February 2000
Procedural Posture
Preliminary Ruling (ecj) / Judgment on Reference From Landesarbeitsgericht Niedersachsen
Outcome
Questions answered as set out in the judgment; national law may grant retroactive pension rights; national courts must interpret national law in conformity with Article 119 EC Treaty.
Legal Topics
Equal Pay, Sex Discrimination, Occupational Pensions, Primacy of EU Law, Interpretation of National Law in Conformity With EU Law
European Union Law Labour Law Equality Law Equal Pay Sex Discrimination Occupational Pensions Primacy of EU Law Interpretation of National Law in Conformity With EU Law

Case Brief

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Parties

Deutsche Post AG

Respondent

E. Sievers

Applicant

B. Schrage

Applicant

Procedural Posture

Preliminary Ruling (ecj) / Judgment on Reference From Landesarbeitsgericht Niedersachsen

Legal Issues

  1. 1 Does the temporal limitation on the direct effect of Article 119 EC Treaty preclude national provisions granting retroactive occupational pension rights to part-time workers?
  2. 2 Does Article 119 EC Treaty preclude national provisions granting such rights in view of potential distortions of competition?
  3. 3 Are national courts required to interpret national law in conformity with Article 119 EC Treaty?

Ratio Decidendi

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

Court Disposition

Questions answered as set out in the judgment; national law may grant retroactive pension rights; national courts must interpret national law in conformity with Article 119 EC Treaty.

Orders

  • Limitation in time of direct effect of Article 119 EC Treaty does not preclude national provisions granting retroactive occupational pension rights to part-time workers.
  • Article 119 EC Treaty does not preclude such national provisions even if they may cause competitive distortions.