ECJ cases C-4/02 and C-5/02 reported at [2004] IRLR 983.
NOTES
Schönheit v Stadt Frankfurt am Main (Case No.C-4/02) and Becker v Land Hessen (Case No.C-5/02), joined ECJ cases on 23rd October 2003, reported at [2004] IRLR 983
The full text of this judgment is available free of charge on the BAILII website.
Authority for the propositions that:-
- restricting public expenditure is not an objective which may be relied on to justify different treatment on grounds of sex;
- different treatment of men and women may be justified, depending on the circumstances, by reasons other than those put forward when the measure introducing the difference in treatment was introduced;
- it is permissible for a pension to be reduced pro rata to take account of the fact that the pensioner worked only part time but any further reduction because he or she only worked part time is likely to be unlawful under article 141 of the EC Treaty as being indirectly sex discriminatory (the word "likely" has to be used as it is for the local national courts to decide on the facts whether and to what extent a local law affects a considerably higher percentage of women than men and whether is justified by objective factors (other than budgetary constraints) unrelated to discrimination on grounds of sex
For relevant general notes see Sex Discrimination/equal pay and terms of employment/pension schemes . and/or Pensions/part-time employees/problem areas .
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prepared Nov2004