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Document 62020CA0660
Case C-660/20, Lufthansa CityLine: Judgment of the Court (First Chamber) of 19 October 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — MK v Lufthansa CityLine GmbH (Reference for a preliminary ruling — Social policy — Part-time work — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4.1 — Principle of non-discrimination of part-time workers — Principle pro rata temporis — Pilots — Remuneration for additional flying duty hours — Identical trigger thresholds for full-time and part-time pilots — Difference in treatment)
Case C-660/20, Lufthansa CityLine: Judgment of the Court (First Chamber) of 19 October 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — MK v Lufthansa CityLine GmbH (Reference for a preliminary ruling — Social policy — Part-time work — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4.1 — Principle of non-discrimination of part-time workers — Principle pro rata temporis — Pilots — Remuneration for additional flying duty hours — Identical trigger thresholds for full-time and part-time pilots — Difference in treatment)
Case C-660/20, Lufthansa CityLine: Judgment of the Court (First Chamber) of 19 October 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — MK v Lufthansa CityLine GmbH (Reference for a preliminary ruling — Social policy — Part-time work — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4.1 — Principle of non-discrimination of part-time workers — Principle pro rata temporis — Pilots — Remuneration for additional flying duty hours — Identical trigger thresholds for full-time and part-time pilots — Difference in treatment)
OJ C, C/2023/1100, 4.12.2023, ELI: http://data.europa.eu/eli/C/2023/1100/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN Series C |
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C/2023/1100 |
4.12.2023 |
Judgment of the Court (First Chamber) of 19 October 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — MK v Lufthansa CityLine GmbH
(Case C-660/20, (1) Lufthansa CityLine)
(Reference for a preliminary ruling - Social policy - Part-time work - Directive 97/81/EC - Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Clause 4.1 - Principle of non-discrimination of part-time workers - Principle pro rata temporis - Pilots - Remuneration for additional flying duty hours - Identical trigger thresholds for full-time and part-time pilots - Difference in treatment)
(C/2023/1100)
Language of the case: German
Referring court
Bundesarbeitsgericht
Parties to the main proceedings
Applicant: MK
Defendant: Lufthansa CityLine GmbH
Operative part of the judgment
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1. |
Clause 4.1 of the Framework Agreement on part-time work concluded on 6 June 1997 and 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 must be interpreted as meaning that national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, must be regarded as a ‘less favourable’ treatment of part-time workers within the meaning of that provision. |
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2. |
Clauses 4.1 and 4.2 of the Framework Agreement on part-time work concluded on 6 June 1997 and annexed to Council Directive 97/81 must be interpreted as precluding national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, in order to compensate for a workload particular to that activity. |
ELI: http://data.europa.eu/eli/C/2023/1100/oj
ISSN 1977-091X (electronic edition)