In Österreichischer Gewerkschaftsbund, Gewerkschaft der Privatangestellten v Wirtschaftskammer Österreich Case C-220/02, the European Court of Justice held that the principle of equal pay for men and women does not prevent the calculation of a termination payment from taking into account, as length of service, periods of military service or their civilian equivalent, performed mainly by men, but not of parental leave taken most often by women.
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