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Judgment of the Court (Fourth Chamber) of 13 November 2008.#Commission of the European Communities v Italian Republic.#Failure of a Member State to fulfil its obligations - Article 141 EC - Social Policy - Equal pay for male and female workers - Concept of ‘pay’ - Officials’ retirement scheme.#Case C-46/07.
ECLI:EU:C:2008:618
62007CJ0046
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(Case C‑46/07)
Failure of a Member State to fulfil its obligations – Article 141 EC – Social Policy – Equal pay for male and female workers – Concept of ‘pay’ – Officials’ retirement scheme)
Social policy – Male and female workers – Equal pay (Art. 141 EC; Social Policy Agreement 1992, Art. 6(3)) (see paras 35-59)
Re:
Failure of a 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
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.