The European Court of Justice (ECJ) in Lommers v Minister Van Landbouw Natuurbeheer en Visserij (2002) concluded that ‘a scheme under which an employer makes nursery places available to employees is to be regarded as a “working condition” within Dir 76/207 rather than as “pay” within Art 141, notwithstanding that the cost of the nursery places is partly born by the employer’.
Although certain working conditions may have pecuniary consequences, such conditions may not fall within Art 141 unless there is a close connection existing between the nature of the work done and the amount of pay.