Chapter 25 Self-test questions

Directive 2006/54 represents a __________ of a number of earlier Directives.

A benefit given to an employee after the termination of employment is regarded as 'pay' under Article 157 TFEU

True

False

Consider the following problem question and select all the correct options. Martha is a part time worker in a big computer company in Germany. A pension occupational scheme existed which was solely financed by the employer. The scheme was only available to full time workers. Can she challenge the scheme?

Yes. The scheme is solely financed by the employer and therefore it falls within the definition of pay under Article 157 TFEU.

No. Because the scheme is not statutory and funded by the public, it cannot be challenged under Article 157 TFEU.

No. Article 157 TFEU Treaty does not grant rights to part time workers.

In Barber the CJ limited their decision to claims for benefits earned rather than the larger group of pensions arising after the date of the judgment.

True

False

Does identification of a difference in treatment automatically suggest discrimination?

No. The claimant still has to prove discrimination.

No, because it depends on the sex of the claimant.

Yes. Difference leads to the presumption of discrimination and it is for the employer to disprove it.

In determining what is work of equal value, comparisons between genders must be made on the basis of concrete appraisals of the work actually performed. Comparisons cannot be made with the "hypothetical male".

True

False

Positive discrimination is not allowed under EU law.

True

False

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