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Document 62013CN0221

    Case C-221/13: Request for a preliminary ruling from the Tribunale di Trento (Italy) lodged on 25 April 2013 — Teresa Mascellani v Ministero della Giustizia

    OJ C 207, 20.7.2013, p. 11–12 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
    OJ C 207, 20.7.2013, p. 4–4 (HR)

    20.7.2013   

    EN

    Official Journal of the European Union

    C 207/11

    Request for a preliminary ruling from the Tribunale di Trento (Italy) lodged on 25 April 2013 — Teresa Mascellani v Ministero della Giustizia

    (Case C-221/13)

    2013/C 207/21

    Language of the case: Italian

    Referring court

    Tribunale di Trento

    Parties to the main proceedings

    Applicant: Teresa Mascellani

    Defendant: Ministero della Giustizia

    Questions referred

    1.

    In so far as it provides that ‘[t]he refusal by a worker to be transferred from full-time to part-time work or vice-versa should not in itself constitute a valid reason for termination of employment, without prejudice to the possibility, under national laws, collective agreements and practice, of termination for other reasons such as may arise from the operational requirements of the establishment concerned’, must Clause 5.2 of the Agreement implemented by Directive 97/81/EC (1) be construed as meaning that provision may not be made in the legislation of Member States for employers to be able to convert a part-time employment relationship into a full-time relationship even where the employee does not consent?

    2.

    Does Directive 97/81/EC preclude a provision of national law (such as Article 16 of Italian Law No 183 of 4 November 2010) under which employers may convert a part-time employment relationship into a full-time employment relationship even where the employee does not consent?

    (1)  Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ 1998 L 14, p. 9).

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