ABSTRACT

Explain the scope of Art 157 TFEU (formerly Art 141 of the EC Treaty) Discuss the provisions of the Equal Treatment Directive 2006/54 in relation to equal pay and equal treatment Give examples of the rulings of the CJ in cases on equal pay and equal treatment

FREEDOM FROM DISCRIMINATION From the outset, it is important to distinguish between direct discrimination and indirect discrimination. These concepts are both defined in the Equal Treatment Directive 2006/54. Direct discrimination is where one person is treated less favourably, on grounds of sex, than another is, has been, or would be treated in a comparable situation. Indirect discrimination is where an apparently neutral provision, criterion or practice would put persons of one sex at a particular disadvantage compared with persons of the other sex, unless that provision, etc. is objectively justified by a legitimate aim, and the means of achieving that aim are appropriate and necessary.