CELEX: C2002/289/14
Language: en
Date: 2002-11-23 00:00:00
Title: Case C-303/02: Reference for a preliminary ruling by the Oberster Gerichtshof (Republic of Austria) by order of that Court of 23 July 2002 in the case of Peter Haackert against Pensionsversicherungsanstalt der Angestellten

23.11.2002              EN                    Official Journal of the European Communities                                        C 289/9
Reference for a preliminary ruling by the Oberster                                 pay for men and women (OJ 1975 L 45, p. 19,
Gerichtshof (Republic of Austria) by order of that Court                           hereinafter ‘Directive 75/117/EEC’) and Clause 2
of 23 July 2002 in the case of Peter Haackert against                              of the Framework Agreement on part-time work
        Pensionsversicherungsanstalt der Angestellten                              concluded by UNICE, CEEP and the ETUC (herein-
                                                                                   after, the ‘Framework Agreement on part-time
                                                                                   work’), which was implemented by Council Directive
                           (Case C-303/02)                                         97/81/EC (OJ 1997 L 14, p. 9), and Point 9 of the
                                                                                   Community Charter of the Fundamental Social
                           (2002/C 289/14)                                         Rights of Workers of 9 December 1989 to be
                                                                                   construed in such a way (concept of ‘worker’) that
                                                                                   constant protection is afforded even to persons such
                                                                                   as the claimant in the present case who, in a
                                                                                   comprehensive framework agreement on employ-
Reference has been made to the Court of Justice of the
                                                                                   ment, agree terms on pay, termination of employ-
European Communities by order of the Oberster Gerichtshof
                                                                                   ment and the like but also stipulate that the amount
(Republic of Austria) (Supreme Court) of 23 July 2002,
                                                                                   and positioning of working time should be governed
received at the Court Registry on 26 August 2002, for a
                                                                                   by the workload and agreed by the parties in the
preliminary ruling in the case of Peter Haackert against
                                                                                   light of the individual circumstances of each case?
Pensionsversicherungsanstalt der Angestellten (Salaried
Employees’ Pension Insurance Institution) on the following
question:
                                                                              (b) Does the concept of ‘worker’ within the meaning of
                                                                                   Question 1(a) apply where there is a prospect of
‘Is the derogation contained in Article 7(1)(a) of Council                         work on approximately three days a week and two
Directive 79/7/EEC of 19 December 1978 ( 1) on the progress-                       Saturdays in each month without any binding
ive implementation of the principle of equal treatment for                         commitment?
men and women in matters of social security to be interpreted
as being applicable to a benefit such as the early old-age
pension in connection with unemployment in respect of which                   (c)  Does the concept of ‘worker’ within the meaning of
different pensionable ages for men and for women are                               Question 1(a) apply where work is actually carried
determined in national law?’                                                       out on approximately three days a week and two
                                                                                   Saturdays in each month?
( 1) OJ L 6 [1979], p. 24.
                                                                              (d) Is the Community Charter of the Fundamental Social
                                                                                   Rights of Workers of 9 December 1989 legally
                                                                                   binding, at least in so far as reliance is placed on it
                                                                                   in the interpretation of other rules of Community
                                                                                   law?
Reference for a preliminary ruling by the Oberster
Gerichtshof (Supreme Court) by order of that Court of                    2.   Are Article 141 EC and Article 1 of Directive 75/117/
8 August 2002 in the case of Nicole Wippel against Peek                       EEC and Article 5 of Directive 76/207/EEC (OJ L 039,
                 & Cloppenburg GmbH & Co KG                                   p. 14, hereinafter ‘Directive 76/207/EEC’) and Clause 4 of
                                                                              the Framework Agreement on part-time work to be
                                                                              construed as meaning that it constitutes objectively
                           (Case C-313/02)                                    unjustified unequal treatment if,
                           (2002/C 289/15)
                                                                              in the case of full-time workers (approximately 60 % men
                                                                              and 40 % women), provision is made by statute or
                                                                              collective agreement for there to be rules not only on the
Reference has been made to the Court of Justice of the                        amount of working time but also (to some extent)
European Communities by order of the Oberster Gerichtshof                     regarding its positioning, the observance of which a full-
(Supreme Court) of 8 August 2002, received at the Court                       time worker is entitled to demand even in the absence of
Registry on 5 September 2002, for a preliminary ruling in the                 a contractual arrangement,
case of Nicole Wippel against Peek & Cloppenburg GmbH &
Co KG on the following questions:
                                                                              whereas there are no such rules for part-timers, the vast
1.    (a)    Are Article 141 EC and Article 1 of Council                      majority of whom are women (approximately 90 %
             Directive 75/117/EEC of 10 February 1975 on the                  women and 10 % men), even where the contracting
             approximation of the laws of the Member States                   parties have not come, as required by statute, to a
             relating to the application of the principle of equal            contractual arrangement on this point?