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Case C-300/06: Judgment of the Court (First Chamber) of 6 December 2007 (reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany)) — Ursula Voß v Land Berlin (Article 141 EC — Principle of equal pay for men and women — Civil servants — Overtime — Indirect discrimination against women employed part-time)
ECLI:EU:UNKNOWN:62006CA0300
62006CA0300
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26.1.2008
Official Journal of the European Union
C 22/9
(Case C-300/06)
(Article 141 EC - Principle of equal pay for men and women - Civil servants - Overtime - Indirect discrimination against women employed part-time)
(2008/C 22/16)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Ursula Voß
Defendant: Land Berlin
Re:
Reference for a preliminary ruling — Bundesverwaltungsgericht — Interpretation of Article 141 of the EC Treaty — National legislation laying down, for both full-time and part-time workers, a reduction in the remuneration for overtime as against that received for normal working hours — Remuneration of a female part-time teacher, who is a civil servant, who works overtime (but not sufficient to bring the hours worked overall above the level of normal working hours for full-time civil servants), which is lower than that which would be received if the same number of hours were worked in the context of full-time employment — Indirect discrimination against female workers
Operative part of the judgment
Article 141 EC is to be interpreted as precluding national legislation on the remuneration of civil servants, such as that at issue in the main proceedings — which defines overtime, for both full-time civil servants and part-time civil servants, as hours worked over and above their normal working hours, and which remunerates those additional hours at a rate lower than the hourly rate applied to their normal working hours, so that part-time civil servants are less well paid than full-time civil servants in respect of hours which are worked over and above their normal working hours, but which are not sufficient to bring the number of hours worked overall above the level of normal working hours for full-time civil servants — where:
in the group of workers subject to that legislation, a considerably higher percentage of women is affected as compared with the percentage of men so affected;
the difference in treatment is not justified by objective factors wholly unrelated to discrimination based on sex.
(1)
OJ C 96, 22.4.2006.