Bilka-Kaufhaus GmbH v Weber von Hartz

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Bilka-Kaufhaus GmbH v Weber von Hartz
Court European Court of Justice
Citation(s) (1986) C-170/84, [1986] ECR 1607
Keywords
Indirect sex discrimination, pension

Bilka-Kaufhaus GmbH v Weber von Hartz (1986) C-170/84 is an EU labour law case, that sets out the test for objective justification for indirect discrimination.

Facts[edit]

Frau Weber von Hartz was a part-time worker. She was refused pension payments under her contract with her employer. She had a German state pension, on top, however. She claimed this was sex discrimination under TEEC art 119 (now TFEU art 157). She alleged that women work more part-time, so they are at a disadvantage. Bilka-Kaufhaus argued it was justified in excluding part-time workers because there are higher administrative costs for giving pensions to part-time workers, given the work they do. They also said 81.3 per cent of all occupational pensions were paid to women, even though only 72% of employees were women, so the scheme was unrelated to sex discrimination.

Judgment[edit]

The ECJ considered first whether pension payments were pay and held they were. They then asked whether there was potentially indirect discrimination, held that there could be, but that it was up to the member state court to determine the facts. There could be objective justification if the employer showed the disparate treatment was based on a "real need" of the business. It said the following.[1]

See also[edit]

Notes[edit]

  1. ^ "Judgement of the Court". Retrieved 11 June 2013. 

References[edit]

External links[edit]