The Industrial Cases Reports
[2019] ICR 505
Court of Justice of the European Union
Ministry of Justice
v
O’Brien (No 2)
(Case C-432/17)
EU:C:2018:879
2018 June 13;
Nov 7
Nov 7
Vice President, acting as President of First Chamber, R Silva de Lapuerta,
Judges J-C Bonichot, A Arabadjiev, CG Fernlund, S Rodin
Advocate General J Kokott
Judges J-C Bonichot, A Arabadjiev, CG Fernlund, S Rodin
Advocate General J Kokott
Discrimination— Part-time worker— Pension— Fee-paid recorder entitled to pro rata pension of full-time circuit judge— Whether period of service prior to prohibition of discrimination in European Union and domestic law to count in calculating pension— Whether Directive having retroactive effect—
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), reg 1(2)
—
Council Directive 97/81/EC, Annex, cl 4