CELEX: 62018CB0439
Language: en
Date: 2019-10-15 00:00:00
Title: Joined Cases C-439/18 and C-472/18: Order of the Court (Seventh Chamber) of 15 October 2019 (requests for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — OH (C-439/18), ER (C-472/18) v Agencia Estatal de la Administración Tributaria (AEAT) (Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work — Clause 4 — Male and female workers — Principle of equal opportunities and equal treatment of men and women in matters of employment and occupation — Directive 2006/54/EC — Article 14(1) — Vertical part-time worker — Recognition of length of service — Method of calculation of three-yearly length-of-service increments — Exclusion of periods not worked)

10.2.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/10
            
         
      Order of the Court (Seventh Chamber) of 15 October 2019 (requests for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — OH (C-439/18), ER (C-472/18) v Agencia Estatal de la Administración Tributaria (AEAT)
      (Joined Cases C-439/18 and C-472/18) (1)
      
      (Reference for a preliminary ruling - Social policy - Directive 97/81/EC - Framework Agreement on part-time work - Clause 4 - Male and female workers - Principle of equal opportunities and equal treatment of men and women in matters of employment and occupation - Directive 2006/54/EC - Article 14(1) - Vertical part-time worker - Recognition of length of service - Method of calculation of three-yearly length-of-service increments - Exclusion of periods not worked)
      (2020/C 45/05)
      Language of the case: Spanish
      
         Referring court
      
      Tribunal Superior de Justicia de Galicia
      
         Parties to the main proceedings
      
      
         Applicants: OH (C-439/18), ER (C-472/18)
      
         Defendant: Agencia Estatal de la Administración Tributaria (AEAT)
      
         Operative part of the order
      
      Clause 4.1 and 4.2 of the Framework Agreement on part-time work concluded on 6 June 1997, annexed to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, and Article 14(1) 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 precluding a national rule and a national business practice, such as those at issue in the main proceedings, in so far as, as regards vertical part-time workers, they take into account only periods actually worked and thus exclude periods not worked from the calculation of the period of service required in order to receive three-yearly length-of-service increments as additional remuneration, while full-time workers are not subject to such a rule or practice.
      
         (1)  OJ C 373, 15.10.2018.