# C_2010161EN.01002201.xml

| 19.6.2010 | EN | Official Journal of the European Union | C 161/22 |
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19.6.2010

EN

Official Journal of the European Union

C 161/22

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Reference for a preliminary ruling from the Arbeidshof te Antwerpen — Afdeling Hasselt (Belgium), lodged on 31 March 2010 — Dai Cugini NV v Rijksdienst voor Sociale Zekerheid

(Case C-151/10)

(2010/C 161/31)

Language of the case: Dutch

Referring court

Arbeidshof te Antwerpen — Afdeling Hasselt

Parties to the main proceedings

Appellant: Dai Cugini NV

Respondent: Rijksdienst voor Sociale Zekerheid

Questions referred

| 1. | Are national provisions, specifically the presumption in Article 22b of the Law of 27 June 1969 amending the Decree-Law of 28 December 1944 on social security for workers (the RSZ Law) and Article 171 of the Programme Law of 22 December 1989, as successively amended, compatible with the provisions of Community law and with Council Directive 97/81/EC (1) of 15 December 1997, in particular Clause 5(1)(a) of the Annex thereto, which states that, in the context of the principle of non-discrimination between part-time and full-time workers, the Member States, following consultations with the social partners in accordance with national law or practice, should identify and review obstacles of a legal or administrative nature which may limit the opportunities for part-time work and, where appropriate, eliminate them? |
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1.

Are national provisions, specifically the presumption in Article 22b of the Law of 27 June 1969 amending the Decree-Law of 28 December 1944 on social security for workers (the RSZ Law) and Article 171 of the Programme Law of 22 December 1989, as successively amended, compatible with the provisions of Community law and with Council Directive 97/81/EC (1) of 15 December 1997, in particular Clause 5(1)(a) of the Annex thereto, which states that, in the context of the principle of non-discrimination between part-time and full-time workers, the Member States, following consultations with the social partners in accordance with national law or practice, should identify and review obstacles of a legal or administrative nature which may limit the opportunities for part-time work and, where appropriate, eliminate them?

| 2. | Are the national provisions requiring employers to compile and maintain numerous social-security documents under Articles 157 to 169 of the Programme Law of 22 December 1989, and under which non-compliance with those provisions is punishable under criminal law, or may result in the imposition of administrative fines and civil-law penalties, compatible with the provisions of Community law and with Council Directive 97/81/EC of 15 December 1997, in particular Clause 5(1)(a) of the Annex thereto, which states that, in the context of the principle of non-discrimination between part-time and full-time workers, the Member States, following consultations with the social partners in accordance with national law or practice, should identify and review obstacles of a legal or administrative nature which may limit the opportunities for part-time work and, where appropriate, eliminate them? |
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2.

Are the national provisions requiring employers to compile and maintain numerous social-security documents under Articles 157 to 169 of the Programme Law of 22 December 1989, and under which non-compliance with those provisions is punishable under criminal law, or may result in the imposition of administrative fines and civil-law penalties, compatible with the provisions of Community law and with Council Directive 97/81/EC of 15 December 1997, in particular Clause 5(1)(a) of the Annex thereto, which states that, in the context of the principle of non-discrimination between part-time and full-time workers, the Member States, following consultations with the social partners in accordance with national law or practice, should identify and review obstacles of a legal or administrative nature which may limit the opportunities for part-time work and, where appropriate, eliminate them?

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(1)  Council Directive 97/81/EC concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9).

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