Case C-706/23, Școala gimnazială ‘Mihai Eminescu’: Request for a preliminary ruling from the Curtea de Apel Iași (Romania) lodged on 17 November 2023 — Școala gimnazială ‘Mihai Eminescu’ Vaslui v Uniunea Sindicală ‘Didactica’ Vaslui, for and on behalf of the following members: KM and Others
Date: 2023-11-17
Institutions: Court of Justice
Subjects: allowances and expenses, full-time employment, hourly wage, paid leave, part-time employment, teacher, temporary employment, work contract








C_202402135EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/2135


25.3.2024





Request for a preliminary ruling from the Curtea de Apel Iași (Romania) lodged on 17 November 2023 — Școala gimnazială ‘Mihai Eminescu’ Vaslui v Uniunea Sindicală ‘Didactica’ Vaslui, for and on behalf of the following members: KM and Others
(Case C-706/23, Școala gimnazială ‘Mihai Eminescu’)
(C/2024/2135)
Language of the case: Romanian

Referring court

Curtea de Apel Iași

Parties to the main proceedings


Appellant and defendant: Școala gimnazială ‘Mihai Eminescu’ Vaslui

Respondent and applicant: Uniunea Sindicală ‘Didactica’ Vaslui, for and on behalf of the following members: KM and Others

Questions referred







1.


Are Article 7(1) of Directive 2003/88, (1) Article 31(2) of the Charter of Fundamental Rights of the European Union, Clause 4[.1] of the Framework Agreement on part-time work, annexed to Directive 97/81/EC, (2) [and] Clause 4[.1] of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, annexed to Council Directive 1999/70/EC of 28 June 1999 (3) to be interpreted as precluding national legislation which provides that, where a worker has multiple employment contracts in the field of teaching in schools — [namely] a full-time contract of indefinite duration [in relation to] the basic post held and a part-time fixed-term contract[, that is to say] a contract with hourly pay — the worker is entitled to remuneration in respect of paid leave calculated in relation to the basic post only?










2.


Are Clause 4[.1] of the Framework Agreement on part-time work, annexed to Directive 97/81/EC, Clause 4[.1] of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, annexed to Council Directive 1999/70/EC of 28 June 1999, and Article 7(1) of Directive 2003/88, to be interpreted as precluding national laws and practices which, where schoolteachers have multiple employment contracts — [namely] a full-time contract in relation to the basic post held and a part-time fixed-term contract[, that is to say, a] contract with hourly pay — prevent a meal allowance from being granted in proportion to the actual time worked under the part-time fixed-term contract and prevent that allowance from being included in the calculation of paid annual leave?






(1)  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 (OJ 2003 L 299, p. 9).

(2)  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).

(3)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).


ELI: http://data.europa.eu/eli/C/2024/2135/oj
ISSN 1977-091X (electronic edition)