Dermod Patrick O’Brien v Ministry of Justice, formerly Department for Constitutional Affairs (C-393/10)

Judgment of 1 Mar 2012

law://eu/cjeu/2010/c-393-10/para_64@2026-11-13

64In those circumstances, the concept ‘objective grounds’ within the meaning of that clause must be understood as not permitting a difference in treatment between part-time workers and full-time workers to be justified on the basis that the difference is provided for by a general, abstract norm. On the contrary, that concept requires the unequal treatment at issue to respond to a genuine need, be appropriate for achieving the objective pursued and be necessary for that purpose (see, by way of analogy with Clause 5.1(a) of the Framework Agreement on fixed-term work, Del Cerro Alonso, paragraphs 57 and 58).

Dermod Patrick O’Brien v Ministry of Justice, formerly Department for Constitutional Affairs (C-393/10)

Key facts

History · 1 version

Connections