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CJEU - C 476/12 / Opinion

Österreichischer Gewerkschaftsbund

Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General Sharpston
Decision date:
Key facts of the case:
(Request for a preliminary ruling from the Oberster Gerichtshof (Austria))
(Framework Agreement on part-time work – Principle of non-discrimination – Collective agreement providing for a dependent child allowance – Allowance paid pro-rata to part-time workers)
Results (sanctions) and key consequences of the case:
53. Accordingly, for the reasons that I have given I suggest that the Court should answer only the first question referred by the Oberster Gerichtshof, Austria, in the following terms:
It is appropriate, within the meaning of Clause 4.2 of the Framework Agreement annexed to Council Directive 97/81/EC concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, to apply the principle of pro rata temporis to a dependent child allowance provided for in a collective agreement, where there is no statutory obligation on the parties to make provision for such an allowance.