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Case C-439/18: Request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia (Spain) lodged on 2 July 2018 — OH v Agencia Estatal de la Administración Tributaria
ECLI:EU:UNKNOWN:62018CN0439
62018CN0439
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Valentina R., lawyer
15.10.2018
Official Journal of the European Union
C 373/5
(Case C-439/18)
(2018/C 373/05)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Appellant: OH
Respondent: Agencia Estatal de la Administración Tributaria
Question referred
Are a provision in a collective agreement and an employer’s practice, pursuant to which, for the purposes of remuneration and promotion, the length of service of a part-time female employee whose working hours are ‘distributed vertically’ over the whole year is to be calculated solely on the basis of time actually worked, contrary to Clause 4(1) and (2) of the Framework Agreement on part-time work [annexed to] Council Directive 97/81/EC of 15 December 1997, (1) and to Articles 2(1)(b) and 14(1) of Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)? (2)
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).
Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ 2006 L 204, p. 23).
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