In Deutsche Telekom AG v Schröder, Deutsche Telekom AG v Vick and another and Deutsche Post AG v Sievers and another, the ECJ rules that, where the exclusion of part-time workers from an occupational pension scheme constitutes indirect discrimination prohibited by (what was) Article 119 of the EC Treaty (now Article 141 EC), the impossibility of relying on the direct effect of that Article in respect of periods of employment before 8 April 1976 does not preclude such periods from being taken into account under national legislation laying down a principle of equal treatment by virtue of which all part-time workers are entitled to retroactive membership of an occupational pension scheme, and to receive a pension under that scheme.
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