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’.