CELEX: 62019CB0841
Language: en
Date: 2021-03-03 00:00:00
Title: Case C-841/19: Order of the Court (Eighth Chamber) of 3 March 2021 (request for a preliminary ruling from the Juzgado de lo Social No 41 de Madrid — Spain) — JL v Fondo de Garantía Salarial (Fogasa) (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 2006/54/EC — Articles 2(1) and 4 — Equal pay for male and female workers — Framework agreement on part-time work — Clause 4 — Part-time workers, primarily female — National guarantee institution for the payment of outstanding claims of relevant workers against their insolvent employers — Ceiling on the payment of those claims — Amount of the ceiling reduced for part-time workers in accordance with the hours worked by the latter in relation to the hours worked by full-time workers — Principle of pro rata temporis)

14.6.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/10
            
         
      Order of the Court (Eighth Chamber) of 3 March 2021 (request for a preliminary ruling from the Juzgado de lo Social No 41 de Madrid — Spain) — JL v Fondo de Garantía Salarial (Fogasa)
      (Case C-841/19) (1)
      
      (Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 2006/54/EC - Articles 2(1) and 4 - Equal pay for male and female workers - Framework agreement on part-time work - Clause 4 - Part-time workers, primarily female - National guarantee institution for the payment of outstanding claims of relevant workers against their insolvent employers - Ceiling on the payment of those claims - Amount of the ceiling reduced for part-time workers in accordance with the hours worked by the latter in relation to the hours worked by full-time workers - Principle of pro rata temporis)
      (2021/C 228/12)
      Language of the case: Spanish
      
         Referring court
      
      Juzgado de lo Social No 41 de Madrid
      
         Parties to the main proceedings
      
      
         Applicant: JL
      
         Defendant: Fondo de Garantía Salarial (Fogasa)
      
         Operative part of the order
      
      Articles 2(1) and 4 of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation must be interpreted as not precluding national legislation which, as regards the payment by the liable national institution of the wages and compensation that have not been paid to workers due to the insolvency of their employer, provides for a ceiling to that payment for full-time workers which, in the case of part-time workers, is reduced pro rata temporis according to the hours worked by those workers in relation to those worked by full-time workers.
      
         (1)  OJ C 45, 10.2.2020.