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Case C-660/20, Lufthansa CityLine: Judgment of the Court (First Chamber) of 19 October 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — MK v Lufthansa CityLine GmbH (Reference for a preliminary ruling — Social policy — Part-time work — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4.1 — Principle of non-discrimination of part-time workers — Principle pro rata temporis — Pilots — Remuneration for additional flying duty hours — Identical trigger thresholds for full-time and part-time pilots — Difference in treatment)
ECLI:EU:UNKNOWN:62020CA0660
62020CA0660
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Official Journal of the European Union
Series C
C/2023/1100
(Case C-660/20, (1) Lufthansa CityLine)
(Reference for a preliminary ruling - Social policy - Part-time work - Directive 97/81/EC - Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Clause 4.1 - Principle of non-discrimination of part-time workers - Principle pro rata temporis - Pilots - Remuneration for additional flying duty hours - Identical trigger thresholds for full-time and part-time pilots - Difference in treatment)
(C/2023/1100)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: MK
Defendant: Lufthansa CityLine GmbH
Operative part of the judgment
must be interpreted as meaning that national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, must be regarded as a ‘less favourable’ treatment of part-time workers within the meaning of that provision.
2.Clauses 4.1 and 4.2 of the Framework Agreement on part-time work concluded on 6 June 1997 and annexed to Council Directive 97/81
must be interpreted as precluding national legislation which makes the payment of additional remuneration for part-time workers and comparable full-time workers uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, in order to compensate for a workload particular to that activity.
Language of the case: German
ELI: http://data.europa.eu/eli/C/2023/1100/oj
ISSN 1977-091X (electronic edition)
* * *
(1) OJ C 62, 22.2.2021.
ECLI:EU:C:2025:140
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