40Nevertheless, in order to ascertain whether the difference in treatment found between full-time workers and part-time workers affects a considerably higher number of women than men, the national court must take into account all those workers subject to the national legislation in which the difference in treatment, established at paragraph 37 of the present judgment, has its origin. For that purpose, it is for the national court to determine whether that difference in treatment originates in the BBesG and/or in the MVergV, since, in principle, it is the scope of the legislation at issue which determines the category of persons who may be included in the comparison (Case C-256/01 Allonby [2004] ECR I-873, paragraph 73).
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