Voss (Social policy) [2007] EUECJ C-300/06 (06 December 2007)

Voss (Social policy) [2007] EUECJ C-300/06 (06 December 2007)

National legislation that defines overtime for both full-time and part-time civil servants as hours worked over and above their respective normal working hours, and remunerates those hours at a lower rate than the hourly rate for normal working hours, results in less pay for part-time civil servants (predominantly women) for the same number of hours worked as full-time civil servants. Where this difference in treatment affects a considerably higher percentage of women and is not justified by objective factors wholly unrelated to sex, it constitutes indirect discrimination prohibited by Article 141 EC.

Citation
[2007] EUECJ C-300/06
Parties
Applicant: Ms Voß; Respondent: Land Berlin
Jurisdiction
European Union
Judgment Date
06 December 2007
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Communities
Outcome
Article 141 EC precludes national legislation that remunerates overtime for part-time civil servants at a lower rate than for full-time civil servants, where a considerably higher percentage of women are affected and the difference is not justified by objective factors unrelated to sex.
Legal Topics
Equal Pay, Indirect Discrimination, Part Time Employment, Remuneration of Civil Servants, Gender Discrimination
European Union Law Labour Law Anti Discrimination Law Equal Pay Indirect Discrimination Part Time Employment Remuneration of Civil Servants Gender Discrimination

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Parties

Ms Voß

Applicant

Land Berlin

Respondent

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment of the Court of Justice of the European Communities

Legal Issues

  1. 1 Does Article 141 EC preclude national legislation that remunerates overtime for part-time civil servants at a lower rate than the hourly rate for full-time civil servants, where a considerably higher percentage of part-time workers are women and the difference is not justified by objective factors unrelated to sex?

Ratio Decidendi

National legislation that defines overtime for both full-time and part-time civil servants as hours worked over and above their respective normal working hours, and remunerates those hours at a lower rate than the hourly rate for normal working hours, results in less pay for part-time civil servants (predominantly women) for the same number of hours worked as full-time civil servants. Where this difference in treatment affects a considerably higher percentage of women and is not justified by objective factors wholly unrelated to sex, it constitutes indirect discrimination prohibited by Article 141 EC.

Court Disposition

Article 141 EC precludes national legislation that remunerates overtime for part-time civil servants at a lower rate than for full-time civil servants, where a considerably higher percentage of women are affected and the difference is not justified by objective factors unrelated to sex.

Orders

  • National court to determine if objective justification exists for the difference in treatment.
  • Decision on costs is a matter for the national court.