10.1.2009
EN
Official Journal of the European Union
C 6/3
Judgment of the Court (Fourth Chamber) of 13 November 2008 — Commission of the European Communities v Italian Republic
(Case C-46/07) (1)
(Failure of Member State to fulfil its obligations - Article 141 EC - Social Policy - Equal pay for male and female workers - Concept of ‘pay’ - Officials' retirement scheme)
(2009/C 6/05)
Language of the case: Italian
Parties
Applicant: Commission of the European Communities (represented by: L. Pignataro-Nolin and M. van Beek, acting as Agents)
Defendant: Italian Republic (represented by: I. Braguglia, Agent and G. Fiengo and W. Ferrante, Lawyers)
Re:
Failure of 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 of the judgment
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.
(1) OJ C 82, 14.4.2007.
Full & Egal Universal Law Academy