Case C-396/08: Reference for a preliminary ruling from the Corte d'Appello di Roma (Italy) lodged on 12 September 2008 — Istituto nazionale della previdenza sociale (INPS) v Daniela Lotti and Clara Matteucci
Date: 2008-09-12
Institutions: Court of Justice
Subjects: Italy, anti-discriminatory measure, interpretation of the law, part-time employment, transfer of pension rights

20.12.2008

EN

Official Journal of the European Union

C 327/9

Reference for
a preliminary ruling from the Corte
d'Appello di Roma (Italy) lodged on 12 September 2008 —
Istituto nazionale della previdenza sociale (INPS) v Daniela
Lotti and Clara Matteucci

(Case C-396/08)

(2008/C 327/14)

Language of the case: Italy

Action brought on 17 September 2008 — Commission of
the European Communities v Republic of Austria

(Case C-401/08)

(2008/C 327/15)

Language of the case: German

Referring court

Corte d'Appello di Roma

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Schima, A. Sipos, Agents)

Parties to the main proceedings

Defendant: Republic of Austria

Applicant: Istituto nazionale della previdenza sociale (INPS)

Defendants: Daniela Lotti and Clara Matteucci

Form of order sought

Questions referred

1. Is the Italian State legislation (Article 7(1) of Law No 638/83)
which results in periods not worked under ‘vertical’ part-time
arrangements not being taken into account as periods of
acquiring
qualifying contributions
pension rights compatible with Directive 97/81/EC (1), and
in particular Clause 4 [of
the Framework Agreement]
concerning the principle of non-discrimination?

the purpose of

for

2. Are those national provisions compatible with Directive
in particular, Clause 1 [of the Framework
97/81/EC and,
Agreement], which provides that national
legislation must
facilitate the development of part-time work, and Clauses
and 5, which provide that the Member States are to eliminate
obstacles of a legal nature which may limit access to part-
time work, since it is unquestionable that the failure to take
into account for pension purposes the weeks not worked
constitutes a significant disincentive to choosing ‘vertical’
part-time working arrangements?

3. Can Clause 4 [of the Framework Agreement] on the prin-
ciple of non-discrimination also be extended to various kinds
of part-time contract, in view of the fact that, in the case of
‘horizontal’ part-time work, where the total number of hours
worked and for which remuneration is paid in the calendar
year is equal, all the weeks of the calendar year are taken
into account under national legislation, whereas they are not
in the case of ‘vertical’ part-time work?

— Declare that the Republic of Austria has failed to fulfil its
obligations under Article 11(1)(c) of Council Directive
96/82/EC of 9 December 1996 on the control of major-
accident hazards involving dangerous substances (1), because
the competent authorities in Austria failed to draw up an
external emergency plan for all establishments to which
Article 9 of the directive applies;

— order the Republic of Austria to pay the costs.

Pleas in law and main arguments

Article 11(1)(c) of Directive 96/82/EC requires Member States to
ensure that, for all establishments to which Article 9 applies, the
authorities designated for that purpose by the Member State
draw up an external emergency plan for the measures to be
taken outside the establishment. Those external emergency
plans must not only contain information on on-site and off-site
mitigatory action, but must also contain arrangements for
providing the public with information relating to the accident
and the behaviour which it should adopt. Moreover, the external
emergency plans must for example also contain information for
the emergency services of other Member States in the event of a
major accident with possible transboundary consequences.

The objective of this application is to seek a declaration that by
failing to draw up external emergency plans for all establish-
ments to which Article 9 applies, the Republic of Austria has
failed to fulfil its obligations under Article 11(1)(c) of Directive
96/82/EC.

(1) Council Directive 97/81/EC of 15 December 1997 concerning the
Framework Agreement on part-time work concluded by UNICE,
CEEP and the ETUC — Annex: Framework agreement on part-time
work — OJ 1998 L 14, p. 9.

(1) OJ 1997 L 10, p. 13.