CELEX: 62010CN0393
Language: en
Date: 2010-08-04 00:00:00
Title: Case C-393/10: Reference for a preliminary ruling from Supreme Court of the United Kingdom made on 4 August 2010 — Dermod Patrick O'Brien v Ministry of Justice (Formerly the Department for Constitutional Affairs)

9.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 274/17
            
         Reference for a preliminary ruling from Supreme Court of the United Kingdom made on 4 August 2010 — Dermod Patrick O'Brien v Ministry of Justice (Formerly the Department for Constitutional Affairs)
   (Case C-393/10)
   ()
   2010/C 274/25
   Language of the case: English
   
      Referring court
   
   Supreme Court of the United Kingdom
   
      Parties to the main proceedings
   
   
      Applicant: Dermod Patrick O'Brien
   
      Defendant: Ministry of Justice (Formerly the Department for Constitutional Affairs)
   
      Questions referred
   
   
               1.
            
            
               Is it for national law to determine whether or not judges as a whole are ‘workers who have an employment contract or employment relationship’ within the meaning of clause 2.1 of the Framework Agreement, or is there a Community norm by which this matter must be determined?
            
         
               2.
            
            
               If judges as a whole are workers who have an employment contract or employment relationship within the meaning of clause 2.1 of the Framework Agreement, is it permissible for national law to discriminate (a) between full-time and part-time judges, or (b) between different kinds of part-time judges in the provision of pensions?