Case C-415/12: Order of the Court (Ninth Chamber) of 13 June 2013 (request for a preliminary ruling from the Arbeitsgericht Nienburg — Germany) — Bianca Brandes v Land Niedersachsen (Social policy — Directive 2003/88/EC — Entitlement to paid annual leave — Framework agreement on part-time work — Full-time worker having been unable to exercise her entitlement to paid annual leave during the reference period — Move of that worker to a scheme of part-time work — National provision or practice providing for a reduction in the number of days of paid leave previously accumulated thereby to be in proportion to the number of days of part-time work per week)
Date: 2013-06-13
Institutions: Court of Justice
Subjects: European social policy, Germany, framework agreement, interpretation of the law, paid leave, part-time employment








C_2013225EN.01005002.xml










3.8.2013   


EN


Official Journal of the European Union


C 225/50





Order of the Court (Ninth Chamber) of 13 June 2013 (request for a preliminary ruling from the Arbeitsgericht Nienburg — Germany) — Bianca Brandes v Land Niedersachsen
(Case C-415/12) (1)

(Social policy - Directive 2003/88/EC - Entitlement to paid annual leave - Framework agreement on part-time work - Full-time worker having been unable to exercise her entitlement to paid annual leave during the reference period - Move of that worker to a scheme of part-time work - National provision or practice providing for a reduction in the number of days of paid leave previously accumulated thereby to be in proportion to the number of days of part-time work per week)
2013/C 225/89
Language of the case: German

Referring court

Arbeitsgericht Nienburg

Parties to the main proceedings


Applicant: Bianca Brandes

Defendant: Land Niedersachsen

Re:

Request for a preliminary ruling — Arbeitsgericht Nienburg — Interpretation of Clause 4(1) and (2) of the Annex 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 (OJ 1998 L 14, p. 9), as amended by Council Directive 98/23/EC of 7 April 1998 (OJ 1998 L 131, p. 10) — Employee changing from full-time to part-time work — Legislation of a Member State allowing, in such a case, a redistribution of unused entitlement to annual leave accrued during full-time work which results in a reduction in the number of leave days

Operative part of the order

The relevant European Union law, in particular, Article 7(1) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time and Clause 4(2) of the Framework Agreement on part-time work concluded on 6 June 1997, which is 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 meaning that they preclude national provisions or a national practice, such as those at issue in the main proceedings, under which the number of days of paid annual leave which a full-time worker was unable to exercise during the reference period is, due to the fact that that worker moved to a scheme of part-time work, subject to a reduction which is proportional to the difference between the number of days of work per week carried out by that worker before and after such a move to part-time work.


(1)  OJ C 366, 24.11.2012.