Judgment — ECLI:EU:C:2010:215
Date: 2010-04-22
Language of the case: German
Court formation: First Chamber
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Austria

Summary of the Judgment 1. Social policy – Framework agreement on part-time work concluded by UNICE, CEEP and the ETUC – Directive 97/81 (Council Directive 97/81, as amended by Directive 98/23, Annex, Clause 4.2) 2. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 (Council Directive 1999/70, Annex, Clause 4) 3. Social policy – Framework agreement on parental leave concluded by UNICE, CEEP and the ETUC – Directive 96/34 (Council Directive 96/34, as amended by Directive 97/75, Annex, Clause 2.6) 1. Relevant European Union law, and in particular Clause 4.2 of the framework agreement on part-time work, which is annexed to Directive 97/81, concerning the framework agreement concluded by UNICE, CEEP and the ETUC, as amended by Directive 98/23, must be interpreted as precluding a national provision, under which, in the event of a change in the working hours of a worker, the amount of leave not yet taken is adjusted in such a way that a worker who reduces his working hours from full-time to part-time suffers a reduction in the right to paid annual leave which he has accumulated but not been able to exercise while working full-time, or may no longer take that leave except on the basis of a reduced level of holiday pay. (see para. 35, operative part 1) 2. Clause 4 of the framework agreement on part-time work, which is annexed to Directive 1999/70, concerning the framework agreement on fixed-term work concluded by the ETUC, UNICE and CEEP, must be interpreted as precluding a national provision, which excludes from the scope of a national law on contractual public servants workers employed under a fixed-term contract of a maximum of six months or on a casual basis. The concept ‘objective grounds’, within the meaning of Clause 4.1 of that framework agreement, which may justify difference in treatment between fixed-term workers and permanent workers must be understood as not permitting a difference in treatment between fixed-term workers and permanent workers to be justified on the basis that the difference is provided for by a general, abstract national norm. On the contrary, that concept requires the unequal treatment at issue to respond to a genuine need, be appropriate for achieving the objective pursued and be necessary for that purpose. (see paras 41, 44, 47, operative part 2) 3. Clause 2.6 of the framework agreement on parental leave, which is annexed to Directive 96/34, concerning the framework agreement on parental leave concluded by the ETUC, UNICE and CEEP, must be interpreted as precluding a national provision, under which workers exercising their right to parental leave of two years, lose, following that leave, their right to paid annual leave accumulated during the year preceding the birth of their child. The concept of ‘[r]ights acquired or in the process of being acquired’ within the meaning of that clause covers all the rights and benefits, whether in cash or in kind, derived directly or indirectly from the employment relationship, which the worker is entitled to claim from the employer at the date on which parental leave starts. (see paras 53, 56, operative part 3)