Order of the Court (Sixth Chamber) of 7 April 2011 (reference for a preliminary ruling from the Arbeidshof te Antwerpen (Belgium)) — Dai Cugini NV v Rijkdienst voor Sociale Zekerheid

(Case C-151/10) (1)

(First subparagraph of Article 104(3) of the Rules of Procedure - Directive 97/811/EC - Equal treatment of part-time and full-time workers - Discrimination - Administrative obstacle likely to limit the opportunities for part-time work - Mandatory publication and retention of contracts and work-schedules)

2011/C 211/12

Language of the case: Dutch

Referring court

Arbeidshof te Antwerpen

Parties to the main proceedings

Applicant: Dai Cugini NV

Defendant: Rijkdienst voor Sociale Zekerheid

Re:

Reference for a preliminary ruling — Arbeidshof te Antwerpen (Afdeling Hasselt) — Interpretation of 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) — National legislation providing for a system for the publication and monitoring of work schedules of part-time workers, consisting of the mandatory compilation and retention, subject to criminal or administrative penalties, of documents recording the exact duration of work performed by each worker

Operative part of the order

Clause 4 of the Framework Agreement 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 not precluding national legislation which makes employers responsible for the obligations of retention and publication of the contracts and work-schedules of part-time workers if it is established that such legislation does not lead to them being treated less favourably than full-time workers in a similar situation or, if such there is such a difference in treatment, it is established that it is justified on objective grounds and does not go beyond what is necessary to attain the objectives thus pursued.

It is for the referring court to perform the necessary factual and legal investigation, particularly with regard to the applicable national law, in order to determine whether that is so in the case before it.

In the event that the referring court were to conclude that the national legislation at issue is incompatible with Clause 4 of the Framework Agreement on part-time work annexed to Directive 97/81, Clause 5(1) thereof would have to be interpreted as precluding such legislation

(1)  OJ C 161, 19.6.2010.