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Case C-432/17: Judgment of the Court (First Chamber) of 7 November 2018 (request for a preliminary ruling from the Supreme Court of the United Kingdom — United Kingdom) — Dermod Patrick O’Brien v Ministry of Justice, formerly the Department for Constitutional Affairs (Reference for a preliminary ruling — Social policy — Directive 97/81/EC — Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC — Clause 4 — Principle of non-discrimination — Part-time workers — Retirement pension — Calculation of the amount of the pension — Account taken of years of service completed before expiry of the period for transposition of Directive 97/81/EC — Immediate application to the future effects of a situation which arose under the old law)
ECLI:EU:UNKNOWN:62017CA0432
62017CA0432
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14.1.2019
Official Journal of the European Union
C 16/19
(Case C-432/17) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Social policy - Directive 97/81/EC - Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Clause 4 - Principle of non-discrimination - Part-time workers - Retirement pension - Calculation of the amount of the pension - Account taken of years of service completed before expiry of the period for transposition of Directive 97/81/EC - Immediate application to the future effects of a situation which arose under the old law))
(2019/C 16/23)
Language of the case: English
Referring court
Parties to the main proceedings
Appellant: Dermod Patrick O’Brien
Respondent: Ministry of Justice, formerly the Department for Constitutional Affairs
Operative part of the judgment
Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 98/23/EC of 7 April 1998, must be interpreted as meaning that, in a case such as that at issue in the main proceedings, periods of service prior to the deadline for transposing Directive 97/81, as amended by Directive 98/23, must be taken into account for the purpose of calculating the retirement pension entitlement.
Language of the case: English
*
(1)
OJ C 318, 25.9.2017.