Opinion of the Advocate General — ECLI:EU:C:2008:42
Date: 2008-01-24
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment Social policy – Access to employment and working conditions – Equal treatment – Directive 97/81 concerning the Framework agreement on part-time work (Council Directive 97/81, Annex, Clause 5(1)(a)) Clause 5(1)(a) of the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC annexed to Directive 97/81 concerning that framework agreement must be interpreted as precluding national legislation which requires that copies of part-time employment contracts be sent to the authorities within 30 days of their signature. The combination of that administrative formality and a system of penalties which provides for imposition of a fine in respect of each employment contract in question and in respect of each day of late notification of the contract, with no ceiling to limit the total amount of the fine, acts to discourage employers from making use of part-time work. In addition, because of the cost and the associated penalties, the obligation to notify the authorities of part-time contracts risks particularly affecting small and medium-sized undertakings which, not having the same resources as larger undertakings, may consequently be inclined to avoid that form of organisation of work, namely part-time work, which it is the aim of Directive 97/81 to promote. (see paras 27-30, operative part)