Equal treatment comparisons

The European Court of Justice has issued its latest ruling on equal treatment rights. In a case concerning restrictions on doctors in Denmark, where a law said they could only operate for a limited number of hours in private practice, the court has ruled that comparisons must only be made of individual contract terms. An entire contract cannot be compared with another.

It also expressed an important view on the impact of budgetary constraints on contract terms. The court has held that member states cannot use the fact that their budgets are tight to treat employees unequally where there is sex discrimination. However, a member state can plead justification where the constraint is introduced to meet a legitimate aim of social policy.