Reference for a preliminary ruling from the Arbeitsgericht Nienburg (Germany), lodged on 13 September 2012 — Bianca Brandes v Land Niedersachsen

(Case C-415/12)

2012/C 366/44

Language of the case: German

Referring court

Arbeitsgericht Nienburg

Parties to the main proceedings

Applicant: Bianca Brandes

Defendant: Land Niedersachsen

Question referred

Is the relevant European Union law, in particular Clause 4(1) and (2) of the Framework Agreement on part-time work contained in the Annex 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, (1) as amended by Directive 98/23, (2) to be interpreted as precluding national statutory or collective provisions or practices under which, in the event of a change in the scale of a worker’s employment associated with a change in the number of days worked per week, the scale of the entitlement to leave which the worker was unable to exercise during the reference period is adjusted in such a way that, although the amount of leave entitlement, expressed in weeks, remains the same, the leave entitlement, expressed in days, is converted to the new scale of employment?

(1)  Council Directive 97/81/EC of 15 December 1997 (OJ 1998 L 14, p. 9).

(2)  Council Directive 98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC to the United Kingdom of Great Britain and Northern Ireland (OJ 1998 L 131, p. 10).