Principle of equal pay and work of "equal value": the scope of the direct effect of art.157 TFEU. Regarding the STJUE (Second Chamber) of 3 June 2021 (C-624/19), Tesco Stores case

Abstract

The STJUE (Second Chamber), of June 3, 2021 (C‑624/19), Tesco Stores case resolves an issue of the utmost relevance, such as the direct effect of art.157 TFEU on the scope of the principle of equal pay for men and women for equal work or work of equal value; concluding that that provision imposes a clear and precise obligation of result and is mandatory both for the same work and for work of equal value, thereby binding both public authorities and collective agreements or contracts. Otherwise, it could undermine the useful effect of the precept and the achievement of the objective pursued by the EU regulation. With regard to the problem of the single source of application, the recommendations contained in the European Parliament's resolution of 24 May 2012 to the Commission on the application of the principle of equal pay for male and female workers clarify that jobs related to different collective agreements and different professions can be compared in court for this purpose. However, despite the enormous efforts made by our domestic legislation, how to determine what is considered to be work of equal value and how the comparative work is to be done remains a difficult and problematic issue.