Council of State rules on gender equality in civil service pensions
Published: 10 September 2002
On 29 July 2002, France's Council of State (its highest administrative jurisdiction) issued a ruling extending to male civil servants pension benefits previously available only to their female colleagues. The decision was based on an earlier judgment by the European Court of Justice.
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On 29 July 2002, France's Council of State (its highest administrative jurisdiction) issued a ruling extending to male civil servants pension benefits previously available only to their female colleagues. The decision was based on an earlier judgment by the European Court of Justice.
France's civil service pensions code adds one year to a female civil servant’s working life, for the purposes of pension calculation, for each child she has. Joseph Griesmar, a male civil servant, challenged this provision, claiming to be a victim of sexual discrimination prohibited by European Community law.
In a 28 July 1999 ruling, the Council of State (Conseil d'Etat), France’s highest administrative jurisdiction, referred the issue for a preliminary ruling to the European Court of Justice (ECJ). On 29 November 2001, the ECJ ruled (in case C-366/99) that the relevant French civil service pensions rule was incompatible with the equal pay principle as set out in the Treaty establishing the European Community (Article 141).
The French Council of State had no choice but to adopt this conclusion, which it did in a ruling issued on 29 July 2002, which ratified the equality principle and stated that the exclusion of men from child-related pension benefits was indeed illegal. However, in the absence of challenges by other male civil servants, this ruling applies only to Mr Griesmar.
Given the significant financial repercussions of the decision, the French authorities are monitoring the new situation very carefully. The civil service minister has stated that 'it will probably mean changes in the law' but 'no final decision has been taken', 'it is a bit too early' and 'there will have to be talks on the issue with the civil service trade unions'.
The General Confederation of Labour-Force ouvrière (Confédération générale du travail-Force ouvrière, CGT-FO), was pleased with the Council of State decision, but also feared that 'a drive to comply with the equality principle might prove all too great a temptation for the government to downgrade social benefits in line with what seems to be suggested in discussion papers by the Pensions Stewardship Council' (Conseil d’Orientation des Retraites- FR0201112F). The General Confederation of Labour (Confédération générale du travail, CGT), made a more mixed assessment of the situation and expressed concern that the government might implement the decision on a case-by-case basis.
Eurofound recommends citing this publication in the following way.
Eurofound (2002), Council of State rules on gender equality in civil service pensions, article.
