# C_2022244EN.01000501.xml

| 27.6.2022 | EN | Official Journal of the European Union | C 244/5 |
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27.6.2022

EN

Official Journal of the European Union

C 244/5

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Judgment of the Court (Seventh Chamber) of 5 May 2022 (request for a preliminary ruling from the Hof van beroep te Antwerpen — Belgium) — FN v Universiteit Antwerpen and Others

(Case C-265/20) (1)

(Reference for a preliminary ruling - Social policy - Part-time work - Directive 97/81/EC - Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Clause 4.1 - Principle of non-discrimination - Part-time academic staff - Automatic permanent appointments reserved for academic staff members holding a full-time teaching post - Calculation of the percentage of a full-time workload to which a part-time workload corresponds - No requirements)

(2022/C 244/06)

Language of the case: Dutch

Referring court

Hof van beroep te Antwerpen

Parties to the main proceedings

Applicant: FN

Defendant: Universiteit Antwerpen, Vlaamse Autonome Hogeschool Hogere Zeevaartschool, PB, ZK, NG, ZN, UM

Operative part of the judgment

| 1. | Clause 4.1 of the Framework Agreement on part-time work, concluded on 6 June 1997, annexed to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 98/23/EC of 7 April 1998, must be interpreted as precluding national legislation and practice under which an academic staff member holding a full-time teaching post is to be automatically appointed on a permanent basis, without any objective reason other than the fact that that position is held on a full-time basis, whereas an academic staff member holding a part-time teaching post is to be either appointed on a permanent basis or employed on a temporary basis; |
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1.

Clause 4.1 of the Framework Agreement on part-time work, concluded on 6 June 1997, annexed to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 98/23/EC of 7 April 1998, must be interpreted as precluding national legislation and practice under which an academic staff member holding a full-time teaching post is to be automatically appointed on a permanent basis, without any objective reason other than the fact that that position is held on a full-time basis, whereas an academic staff member holding a part-time teaching post is to be either appointed on a permanent basis or employed on a temporary basis;

| 2. | The Framework Agreement on part-time work, concluded on 6 June 1997, annexed to Council Directive 97/81, as amended by Directive 98/23, must be interpreted as meaning that it does not lay down any requirements for an employer hiring a part-time worker as to the method of calculating the full-time workload to which a part-time workload corresponds. |
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2.

The Framework Agreement on part-time work, concluded on 6 June 1997, annexed to Council Directive 97/81, as amended by Directive 98/23, must be interpreted as meaning that it does not lay down any requirements for an employer hiring a part-time worker as to the method of calculating the full-time workload to which a part-time workload corresponds.

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(1)  OJ C 313, 21.9.2020.

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