Judgment of the Court (Third Chamber) of 26 March 2009.#Commission of the European Communities v Hellenic Republic.#Failure of a Member State to fulfil obligations - Social policy - Article 141 EC - Equal pay for male and female workers - National civil and military pension regime - Different treatment with regard to retirement age and minimum required service - Justification - None.#Case C-559/07.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Infringement of Article 141 EC – Infringement of the principle of equal pay for male and female workers – National civil and military retirement pensions regime prescribing a retirement age that can vary according to sex.

Operative part

Operative part

The Court:

1. Declares that, by maintaining in force provisions which provide for differences between male and female workers with regard to retirement age and minimum required service under the Greek Civil and Military Pensions Code instituted by Presidential Decree No 166/2000 of 3 July 2000, in the version applicable to the present case, the Hellenic Republic has failed to fulfil its obligations under Article 141 EC;

2. Orders the Hellenic Republic to pay the costs.