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Joined Cases C-55/07 and C-56/07: Judgment of the Court (Third Chamber) of 24 April 2008 (references for a preliminary ruling from the Landesgericht Bozen (Italy)) — Othmar Michaeler (C-55/07 and C-56/07), Subito GmbH (C-55/07 and C-56/07), Ruth Volgger (C-56/07) v Amt für sozialen Arbeitsschutz, Autonome Provinz Bozen (formerly Arbeitsinspektorat der Autonomen Provinz Bozen) (Directive 97/81/EC — Equal treatment of part-time and full-time workers — Discrimination — Administrative obstacle limiting opportunities for part-time work)
ECLI:EU:UNKNOWN:62007CA0055
62007CA0055
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Official Journal of the European Union
(Joined Cases C-55/07 and C-56/07)
(Directive 97/81/EC - Equal treatment of part-time and full-time workers - Discrimination - Administrative obstacle limiting opportunities for part-time work)
(2008/C 142/11)
Language of the case: German
Referring court
Parties to the main proceedings
Applicants: Othmar Michaeler (C-55/07 and C-56/07), Subito GmbH (C-55/07 and C-56/07), Ruth Volgger (C-56/07)
Defendant: Amt für sozialen Arbeitsschutz, Autonome Provinz Bozen (formerly Arbeitsinspektorat der Autonomen Provinz Bozen)
Re:
Reference for a preliminary ruling — Landesgericht Bolzano — Interpretation of Community law and, in particular, Article 137 EC and Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Annex: Framework agreement on part-time work (OJ 1998 L 14, p. 9) — National legislation requiring employers to send a copy of part-time employment contracts to the competent national authorities, which imposes a fine for failure to do so — Obligation of the Member States to eliminate legal and administrative obstacles which may limit the opportunities for part-time work — Principle of equal treatment of part-time and full-time workers
Operative part of the judgment
Clause 5(1)(a) of the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC annexed to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC must be interpreted as precluding national legislation such as that at issue in the main proceedings which requires that copies of part-time employment contracts be sent to the authorities within 30 days of their signature.
(1) OJ C 95, 28.4.2007.