Gender-Based Discrimination in Pensions: The Compensatory Dimension of Hellenic Court of Audit Plenary Decision No. 275/2025

The recent Plenary Decision No. 275/2025 of the Hellenic Court of Audit provides an important opportunity to revisit the principle of equal pay between men and women, particularly in light of the forthcoming implementation of Directive (EU) 2023/970 on pay transparency.

By recognising that pensions granted under the Civil and Military Pensions Code may fall within the concept of “pay” under EU law, the Court confirms that the principle of equal pay extends beyond monthly remuneration. It also encompasses benefits that are directly linked to the employment or service relationship and arise as its continuation or consequence.

A key aspect of the judgment is the Court’s assessment of the different statutory pension eligibility conditions applicable to men and women. The Court held that more favourable pension rules for women—even where based on family-related considerations, such as the existence of minor or incapacitated children—cannot automatically be justified as measures aimed at protecting the family, maternity or broader social policy objectives.

The significance of the decision extends beyond the identification of unequal treatment. Where a pension constitutes “pay” for the purposes of EU law, gender-based distinctions in the conditions governing entitlement to, or payment of, that pension may not only infringe the principle of equal treatment but may also, in principle, give rise to State liability in damages. Such liability will arise where the relevant legislative provisions are found to be incompatible with higher-ranking legal norms and the applicable legal conditions for compensation are satisfied.

Plenary Decision No. 275/2025 therefore highlights the compensatory dimension of gender-based discrimination in the field of pensions and reinforces the broad scope of the principle of equal pay. The decision serves as a timely reminder that equal treatment must be ensured throughout the entire employment relationship—from remuneration and career progression to retirement benefits and pension entitlements.