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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)
ECLI:EU:UNKNOWN:62010CN0393
62010CN0393
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Official Journal of the European Union
C 274/17
(Case C-393/10)
()
2010/C 274/25
Language of the case: English
Referring court
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?