Edith Freers and Hannelore Speckmann v Deutsche Bundespost. (Social policy) [1996] EUECJ C-278/93 (7 March 1996)

Edith Freers and Hannelore Speckmann v Deutsche Bundespost. (Social policy) [1996] EUECJ C-278/93 (7 March 1996)

Compensation paid to workers for participation in staff representation constitutes 'pay' under Article 119 EEC Treaty and Directive 75/117/EEC. National legislation that limits compensation for part-time staff committee members to their individual working hours, where the category of part-time workers includes a much higher number of women than men, constitutes indirect discrimination unless it is suitable and necessary for achieving a legitimate social policy aim. The unpaid honorary office principle may be a legitimate aim, but the national court must determine if the measure is suitable and necessary, considering alternative means.

Citation
[1996] EUECJ C-278/93
Parties
Plaintiff: Edith Freers; Plaintiff: Hannelore Speckmann; Defendant: Deutsche Bundespost
Jurisdiction
European Union
Judgment Date
07 March 1996
Procedural Posture
Preliminary Ruling / Reference From National Court (arbeitsgericht Bremen)
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
Equal Pay, Indirect Discrimination, Part Time Workers, Staff Representation, Interpretation of Article 119 EEC Treaty, Council Directive 75/117/eec
European Union Law Labour Law Anti Discrimination Law Equal Pay Indirect Discrimination Part Time Workers Staff Representation Interpretation of Article 119 EEC Treaty +1 more

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Parties

Edith Freers

Plaintiff

Hannelore Speckmann

Plaintiff

Deutsche Bundespost

Defendant

Procedural Posture

Preliminary Ruling / Reference From National Court (arbeitsgericht Bremen)

Legal Issues

  1. 1 Whether compensation for staff representation constitutes 'pay' under Article 119 EEC Treaty and Directive 75/117/EEC
  2. 2 Whether limiting compensation for part-time staff committee members to their individual working hours constitutes indirect sex discrimination
  3. 3 Whether the unpaid honorary office principle justifies differential treatment

Ratio Decidendi

Compensation paid to workers for participation in staff representation constitutes 'pay' under Article 119 EEC Treaty and Directive 75/117/EEC. National legislation that limits compensation for part-time staff committee members to their individual working hours, where the category of part-time workers includes a much higher number of women than men, constitutes indirect discrimination unless it is suitable and necessary for achieving a legitimate social policy aim. The unpaid honorary office principle may be a legitimate aim, but the national court must determine if the measure is suitable and necessary, considering alternative means.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.

Orders

  • Compensation for staff representation is 'pay' under Article 119 EEC Treaty and Directive 75/117/EEC.
  • Indirect discrimination is prohibited where part-time workers (predominantly women) are limited in compensation for training unless justified by a suitable and necessary social policy aim.