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Case C-354/16: Judgment of the Court (First Chamber) of 13 July 2017 (request for a preliminary ruling from the Arbeitsgericht Verden — Germany) — Ute Kleinsteuber v Mars GmbH (Reference for a preliminary ruling — Social policy — Directive 2000/78/EC — Articles 1, 2 and 6 — Equal treatment — Prohibition of any discrimination on grounds of sex — Occupational pension — Directive 97/81/EC — Framework Agreement on part-time work — Clause 4.1 and 4.2 — Method for calculating acquired pension rights — Legislation of a Member State — Different treatment of part-time workers)
ECLI:EU:UNKNOWN:62016CA0354
62016CA0354
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Official Journal of the European Union
C 293/9
(Case C-354/16) (1)
((Reference for a preliminary ruling - Social policy - Directive 2000/78/EC - Articles 1, 2 and 6 - Equal treatment - Prohibition of any discrimination on grounds of sex - Occupational pension - Directive 97/81/EC - Framework Agreement on part-time work - Clause 4.1 and 4.2 - Method for calculating acquired pension rights - Legislation of a Member State - Different treatment of part-time workers))
(2017/C 293/12)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Ute Kleinsteuber
Defendant: Mars GmbH
Operative part of the judgment
3)Articles 1 and 2 and Article 6(1) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation must be interpreted as not precluding national legislation which provides for an occupational pension in the amount corresponding to the ratio between (i) the employee’s length of service and (ii) the length of the period between taking up employment in the undertaking and the normal retirement age under the statutory pension scheme, and in so doing applies a maximum limit of reckonable years of service.
(1) OJ C 350, 26.9.2016.