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Case C-377/21: Judgment of the Court (Seventh Chamber) of 7 July 2022 (request for a preliminary ruling from the Cour du travail de Mons — Belgium) — Ville de Mons, Zone de secours Hainaut-Centre v RM (Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work — Clause 4 — Principle of non-discrimination — Principle of pro rata temporis — Taking into account, for the purpose of calculating the remuneration of a full-time professional firefighter, the length of service for remuneration purposes which he has acquired as a volunteer firefighter, in accordance with the principle of pro rata temporis)

ECLI:EU:UNKNOWN:62021CA0377

62021CA0377

July 7, 2022
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Official Journal of the European Union

C 318/18

(Case C-377/21) (1)

(Reference for a preliminary ruling - Social policy - Directive 97/81/EC - Framework Agreement on part-time work - Clause 4 - Principle of non-discrimination - Principle of pro rata temporis - Taking into account, for the purpose of calculating the remuneration of a full-time professional firefighter, the length of service for remuneration purposes which he has acquired as a volunteer firefighter, in accordance with the principle of pro rata temporis)

(2022/C 318/24)

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Ville de Mons. Zone de secours Hainaut-Centre

Defendant: RM

Operative part of the judgment

Clause 4 of the Framework Agreement implemented by Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC is to be interpreted as not precluding national legislation which, for the purposes of calculating the remuneration of professional firefighters employed on a full-time basis, accredits, in respect of the length of service for remuneration purposes, work performed previously on a part-time basis as a volunteer firefighter in line with the principle of pro rata temporis, that is to say, on the basis of the work actually performed.

(1)

Language of the case: French

* * *

(2022/C 318/24)

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