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Case C-660/20: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 4 December 2020 — MK v Lufthansa CityLine GmbH
ECLI:EU:UNKNOWN:62020CN0660
62020CN0660
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22.2.2021
EN
Official Journal of the European Union
C 62/17
(Case C-660/20)
(2021/C 62/21)
Language of the case: German
Referring court
Parties to the main proceedings
Appellant in the appeal on a point of law: MK
Respondent in the appeal on a point of law: Lufthansa CityLine GmbH
Questions referred
1.Does a national statutory provision treat part-time workers in a less favourable manner than comparable full-time workers within the meaning of Clause 4.1 of the Framework Agreement on part-time work annexed to Directive 97/81/EC (1) if it permits additional remuneration for part-time and full-time workers to be uniformly contingent on the same number of working hours having been exceeded, and therefore allows account to be taken of the overall remuneration, and not of the component of the remuneration that comprises the additional remuneration?
2.If Question 1 is answered in the affirmative: Is a national statutory provision which allows an entitlement to additional remuneration to be made conditional on the same number of working hours being exceeded uniformly in the case of both part-time and full-time workers compatible with Clause 4.1 and the principle of pro rata temporis in Clause 4.2 of the Framework Agreement on part-time work annexed to Directive 97/81/EC if the purpose of the additional remuneration is to compensate for a particular workload?
(1) 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).