Although the actual equality between men and women is enshrined in the Constitution, European directives (RL 75/117/EWG, RL 76/207/EWG, RL 86/613/EWG, RL 2002/73/EG, RL 2006/54/EG), international conventions and laws require an actual implementation, gender discrimination remains a fact. This is manifested as a direct or indirect discrimination. Indirect discrimination is often difficult to recognize and to tackle. In addition, the concept of indirect discrimination seems largely unknown to the court. As a result, only a few lawsuits of this kind have been presented before court.

Many companies practice different payment for women and men in the same or comparable occupations. However, lawsuits are not brought before the court because the women concerned would endanger themselves and their job by acting against it. This problem can be solved only through a class action lawsuit.