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2017-11 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2017)

handle is hein.intyb/rcbjcofi0397 and id is 1 raw text is: VRw Reports of Cases OPINION OF ADVOCATE GENERAL SHARPSTON delivered on 16 March 2017' Case C-98/15 Maria Begofia Espadas Recio v Servicio Pfiblico de Empleo Estatal (SPEE) (Request for a preliminary ruling from the Juzgado de lo Social No 33 de Barcelona (Social Court No 33 of Barcelona, Spain)) (Directive 79/7/EEC - Article 4(1) - Equal treatment of male and female workers - Directive 97/81/EC - Framework Agreement on part-time work - National legislation providing for calculation of the duration of unemployment benefit - Days not worked disregarded - Discrimination) 1. By this request for a preliminary ruling the Juzgado de lo Social No 33 de Barcelona (Social Court No 33 of Barcelona, Spain) seeks guidance on the interpretation of Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security2 and Directive 97/81/EC concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC.3 In essence, the referring court first asks whether unemployment benefit funded by contributions from a worker and her employer falls within the scope of the Framework Agreement. It also seeks to ascertain whether, where a part-time worker has a 'vertical' working arrangement with her employers (for example, working 50% of the hours of her full-time counterpart spread over Monday, Tuesday and Wednesday - Thursday and Friday being non-working days), national rules which exclude days not worked from the determination of the total period for which unemployment benefit should be paid are compatible with the Framework Agreement and/or Directive 79/7. EU law Directive 79/7 2. The second recital of Directive 79/7 states that the principle of equal treatment in matters of social security should be implemented in the first place in the statutory schemes which protect against the risks of, inter alia, unemployment. 3. In accordance with Article 2, Directive 79/7 applies, inter alia, to workers whose activity is interrupted by involuntary unemployment. The directive covers, for example, statutory schemes which provide protection against unemployment as set out in Article 3. 1 Original language: English. 2 Council Directive of 19 December 1978 (OJ 1979 L 6, p. 24). 3 Council Directive of 15 December 1997 (OJ 1998 L 14, p. 9). ECLJ:EU:C:2017:2231 1

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