CELEX: C2002/289/16
Language: en
Date: 2002-11-23 00:00:00
Title: Case C-321/02: Reference for a preliminary ruling by the Bundesfinanzhof by order of that Court of 4 July 2002 in the proceedings between Finanzamt Rendsburg and Detlev Harbs

C 289/10               EN                   Official Journal of the European Communities                                  23.11.2002
3.  Are Article 141 EC and Article 1 of Directive 75/117/                             ment, it would be possible to schedule working
    EEC and Article 5 of Directive 76/207/EEC and Clause 4                            time (potential working time), if the length of
    of the Framework Agreement on part-time work to be                                prior notice of a job placement should be less
    construed as meaning that it constitutes objectively                              than
    unjustified unequal treatment if, in the case of part-
    timers, on the assumption that the vast majority of them                          (a)   14 days or
    are women (approximately 90 % women and 10 % men),
    an employer expressly rules out an agreement on the                               (b) a reasonable amount of time?
    positioning and amount of working time, whereas in the
    case of full-time workers, on the assumption that women
    are not in that same majority, both the amount and, to
    some extent, the allocation of working time are already
    laid down by statute or collective agreement?
                                                                       Reference for a preliminary ruling by the Bundesfinanz-
                                                                       hof by order of that Court of 4 July 2002 in the
4.  Are Article 141 EC and Article 1 of Directive 75/117/              proceedings between Finanzamt Rendsburg and Detlev
    EEC and Article 5 of Directive 76/207/EEC and Clause 4                                          Harbs
    together with Clause 1(b) (facilitation of the development
    of part-time work) of the Framework Agreement on part-                                    (Case C-321/02)
    time work to be construed as meaning that in order to
    compensate for objectively unjustified unequal treatment                                  (2002/C 289/16)
    it is necessary and permissible
                                                                       Reference has been made to the Court of Justice of the
    A      with regard to the amount of working time, to               European Communities by order of the Bundesfinanzhof
           presume a definite amount and, if so, to presume            (Federal Finance Court) of 4 July 2002, received at the Court
                                                                       Registry on 13 September 2002, for a preliminary ruling in
                                                                       the proceedings between Finanzamt Rendsburg and Detlev
           1.   normal working time, or                                Harbs on the following question:
                                                                       Where the owner of a farm:
           2.   the maximum length of weekly working time
                actually worked, unless the employer can prove         —    gives up part of his farm (the entire dairy cow operation)
                that this was due to unusually high demand for              and leases the property necessary for that operation to
                work at that particular time, or                            another farmer;
                                                                       —    and continues to farm on a not insignificant scale after
           3.   the demand ascertained at the date of con-                  granting the lease,
                clusion of the contract of employment, or
                                                                       may he treat the turnover from the lease — like the rest of his
                                                                       turnover — under the flat-rate scheme for farmers (Article 25
           4.   average weekly working time, and                       of Directive 77/388/EEC), or is the turnover from the lease
                                                                       taxable under the general rules?
    B      with regard to the positioning of working time, in
           order to compensate for the extra burden on the
           worker caused by flexibility and for the benefit
           afforded to the employer, to award the worker
                                                                       Reference for a preliminary ruling by the Sozialgericht
                                                                       Augsburg by order of that Court of 7 March 2002 in the
           1.   a ‘reasonable’ supplement on the hourly wage,          proceedings between Eva-Maria Weller and Deutsche
                determined in the light of the individual cir-                         Angestellten-Krankenkasse
                cumstances in question, or
                                                                                              (Case C-322/02)
           2.   a minimum supplement equal to that paid to                                    (2002/C 289/17)
                full-time workers who work more than normal
                working hours (eight hours a day or forty
                hours a week), or                                      Reference has been made to the Court of Justice of the
                                                                       European Communities by order of the Sozialgericht Augsburg
                                                                       (Social Court, Augsburg) of 7 March 2002, received at the
           3.   irrespective of the amount of time worked,             Court Registry on 16 September 2002, for a preliminary ruling
                compensation for time not remunerated as               in the proceedings between Eva-Maria Weller and Deutsche
                working time during which, under the agree-            Angestellten-Krankenkasse on the following questions: