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Case C-559/07: Judgment of the Court (Third Chamber) of 26 March 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Social policy — Article 141 EC — Equal pay for male and female workers — National civil and military pension regime — Different treatment with regard to retirement age and minimum required service — Justification — Absence)
ECLI:EU:UNKNOWN:62007CA0559
62007CA0559
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16.5.2009
Official Journal of the European Union
C 113/9
(Case C-559/07)
(Failure of a Member State to fulfil obligations - Social policy - Article 141 EC - Equal pay for male and female workers - National civil and military pension regime - Different treatment with regard to retirement age and minimum required service - Justification - Absence)
2009/C 113/16
Language of the case: Greek
Parties
Applicant: Commission of the European Communities (represented by: M. Patakia and M. van Beek, acting as Agents)
Defendant: Hellenic Republic (represented by: F. Spathopoulos, K. Bokovits, A. Samoni-Rantou, E.-M. Mamouna and S. Vodina, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 141 EC — Infringement of the principle of equal pay for male and female workers — National civil and military retirement pensions regime prescribing a retirement age that can vary according to sex
Operative part of the judgment
The Court:
1.Declares that, by maintaining in force provisions which provide for differences between male and female workers with regard to retirement age and minimum required service under the Greek Civil and Military Pensions Code instituted by Presidential Decree No 166/2000 of 3 July 2000, in the version applicable to the present case, the Hellenic Republic has failed to fulfil its obligations under Article 141 EC;
2.Orders the Hellenic Republic to pay the costs.
* * *
(<span class="super">1</span>) OJ C 37, 9.2.2008.