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ARTICLE · 30 DECEMBER 1998

Sex Discrimination

Hammonds
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United KingdomEmployment and HR
On 8 October 1998, Advocate General Kostas gave his opinion in the joined cases C-50/96; C-234/96 and C-235/96; C-270/97 and C-271/97 concerning German part-time workers. The judgement in these cases will be due in approximately six months time. The cases concerned the exclusion of part-time workers (all women) from an occupational pension scheme. The German courts asked if the workers were to be admitted to the pension fund, how far back could their claims to join the scheme be backdated, and were current German temporal limitations on admittance to a pension scheme incompatible with EC law.

The opinion in these cases could be relevant to the cases of Preston v. Wolverhampton Health Authority and others5, currently awaiting an Advocate General's opinion. The English Court has asked for a ruling on the compatibility of national procedural rules with EC law, where backdating is only allowed for two years of a claim and the claim has to be brought within 6 months of the

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