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Case C-46/07: Judgment of the Court (Fourth Chamber) of 13 November 2008 — Commission of the European Communities v Italian Republic (Failure of Member State to fulfil its obligations — Article 141 EC — Social Policy — Equal pay for male and female workers — Concept of pay — Officials' retirement scheme)

ECLI:EU:UNKNOWN:62007CA0046

62007CA0046

January 1, 2007
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Official Journal of the European Union

10.1.2009

(Case C-46/07)

(Failure of Member State to fulfil its obligations - Article 141 EC - Social Policy - Equal pay for male and female workers - Concept of ‘pay’ - Officials' retirement scheme)

(2009/C 6/05)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: L. Pignataro-Nolin and M. van Beek, acting as Agents)

Defendant: Italian Republic (represented by: I. Braguglia, Agent and G. Fiengo and W. Ferrante, Lawyers)

Re:

Failure of Member State to fulfil its obligations — Infringement of Article 141 EC — Infringement of the principle of equal pay for male and female workers — National legislation providing for a retirement age for public officials which varies according to sex

Operative part of the judgment

The Court:

1.declares that by maintaining provisions under which the age at which officials have the right to receive the old-age pension varies according to whether they are men or women, the Italian Republic has failed to fulfil its obligations under Article 141 EC;

2.orders the Italian Republic to pay the costs.

* * *

(1) OJ C 82, 14.4.2007.

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