Facts
- Mr. Bartsch, a part-time judge in Germany, received lower pension benefits compared to full-time judges due to rules linking pension entitlements to lengths of service.
- Part-time work was significantly more frequent among women, resulting in a system that disproportionately disadvantaged female judges.
- The case was referred to the ECJ to determine if this situation constituted indirect discrimination under Article 141 EC (now Article 157 TFEU), which prohibits sex-based discrimination regarding equal pay, including occupational pensions.
Issues
- Whether pension regulations that link benefits to periods of service for judges result in indirect sex discrimination, given the higher prevalence of part-time work among women.
- How indirect discrimination is properly established and what role statistical evidence plays.
- Whether the discrimination identified can be objectively justified by a legitimate aim, and under what conditions.
- What factors national courts should consider in assessing the proportionality of measures in occupational pension schemes.
Decision
- The ECJ held that indirect discrimination arises where a neutral rule disproportionately disadvantages one sex, even unintentionally.
- In this case, the linkage of pension benefits to periods of service was found to potentially constitute indirect discrimination, as it disproportionately impacted women.
- Statistical evidence showing a smaller percentage of women working full-time was central to establishing this disproportionate impact.
- The Court concluded that such discrimination may be justified only if it pursues a legitimate aim and if the means used are appropriate and necessary.
- The ECJ recognized ensuring that remuneration reflects work actually performed as a legitimate aim but left it to the national court to assess proportionality.
- The proportionality assessment requires national courts to determine whether less discriminatory alternatives could achieve the same legitimate aim.
- The ECJ emphasized that relevant social security context and the characteristics of the judicial service should be considered by national courts.
Legal Principles
- Indirect discrimination occurs when a neutral measure disproportionately disadvantages a group defined by a protected characteristic, here sex, requiring statistical evidence to establish impact.
- A justification for indirect discrimination exists only if the measure pursues a legitimate objective and is appropriate and necessary.
- National courts are responsible for determining whether the means used are proportionate and if less discriminatory alternatives are available.
- The relevant legal standard is set by Article 141 EC (now Article 157 TFEU), prohibiting discrimination in equal pay and workplace benefits.
Conclusion
The ECJ in Bartsch provided a clear framework for identifying and justifying indirect discrimination in occupational pension schemes, emphasizing the significance of statistical evidence and requiring careful proportionality analysis by national courts under Article 157 TFEU.