Bilka - Kaufhaus v Weber von Hartz [1986]

An entitlement to benefits under an occupational pension scheme fell to be considered as "pay" for the purposes of the Treaty of Rome 1957 Art.119 W was employed as a part-time worker by B, a department store. B operated an occupational pension scheme which provided certain pension benefits for employees who had been employed full-time for at least 15 years.

W was employed full-time for 11 1/2 years and thereafter 3 1/2 years part-time at her own request. W was refused benefits under the scheme on account of the fact that she had not worked full-time for 15 years. W claimed that B's policy infringed Art.119 EEC in that it indirectly discriminated against women as women…