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Document 62010CN0393

    Case C-393/10: Reference for a preliminary ruling from Supreme Court of the United Kingdom made on 4 August 2010 — Dermod Patrick O'Brien v Ministry of Justice (Formerly the Department for Constitutional Affairs)

    SL C 274, 9.10.2010, p. 17–17 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    9.10.2010   

    EN

    Official Journal of the European Union

    C 274/17

    Reference for a preliminary ruling from Supreme Court of the United Kingdom made on 4 August 2010 — Dermod Patrick O'Brien v Ministry of Justice (Formerly the Department for Constitutional Affairs)

    (Case C-393/10)

    ()

    2010/C 274/25

    Language of the case: English

    Referring court

    Supreme Court of the United Kingdom

    Parties to the main proceedings

    Applicant: Dermod Patrick O'Brien

    Defendant: Ministry of Justice (Formerly the Department for Constitutional Affairs)

    Questions referred

    1.

    Is it for national law to determine whether or not judges as a whole are ‘workers who have an employment contract or employment relationship’ within the meaning of clause 2.1 of the Framework Agreement, or is there a Community norm by which this matter must be determined?

    2.

    If judges as a whole are workers who have an employment contract or employment relationship within the meaning of clause 2.1 of the Framework Agreement, is it permissible for national law to discriminate (a) between full-time and part-time judges, or (b) between different kinds of part-time judges in the provision of pensions?
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