Judgment of the Court (Fourth Chamber) of 13 November 2008 – Commission v Italy

(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:

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.