CELEX: 62017CA0432
Language: en
Date: 2018-11-07 00:00:00
Title: Case C-432/17: Judgment of the Court (First Chamber) of 7 November 2018 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Dermod Patrick O’Brien v Ministry of Justice, formerly the Department for Constitutional Affairs (Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4 — Principle of non-discrimination — Part-time workers — Retirement pension — Calculation of the amount of the pension — Account taken of years of service completed before expiry of the period for transposition of Directive 97/81/EC — Immediate application to the future effects of a situation which arose under the old law)

14.1.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 16/19
            
         
      Judgment of the Court (First Chamber) of 7 November 2018 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Dermod Patrick O’Brien v Ministry of Justice, formerly the Department for Constitutional Affairs
      (Case C-432/17) (1)
      
      ((Reference for a preliminary ruling - Social policy - Directive 97/81/EC - Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Clause 4 - Principle of non-discrimination - Part-time workers - Retirement pension - Calculation of the amount of the pension - Account taken of years of service completed before expiry of the period for transposition of Directive 97/81/EC - Immediate application to the future effects of a situation which arose under the old law))
      (2019/C 16/23)
      Language of the case: English
      
         Referring court
      
      Supreme Court of the United Kingdom
      
         Parties to the main proceedings
      
      
         Appellant: Dermod Patrick O’Brien
      
         Respondent: Ministry of Justice, formerly the Department for Constitutional Affairs
      
         Operative part of the judgment
      
      Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 98/23/EC of 7 April 1998, must be interpreted as meaning that, in a case such as that at issue in the main proceedings, periods of service prior to the deadline for transposing Directive 97/81, as amended by Directive 98/23, must be taken into account for the purpose of calculating the retirement pension entitlement.
      
         (1)  OJ C 318, 25.9.2017.