Court of Justice of the European Union, First Chamber, 19 October 2023, Case C-660/2020, Mr MK versus Lufthansa Cityline GmbH Enrico Gragnoli1 1. The case. 2. The nature of the contract entered into by the German pilot. 3. Zusätzliche Vergütung and the breach of the principle of no less favourable treatment of part-time workers vs comparable full-time workers. Flight crews, part-time work relationship and the so-called additional remuneration. Clause 4.1 of the Framework Agreement on part-time work concluded on 6 June 1997 and annexed to Council Directive 97 / 81 / EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC must be interpreted as meaning that national legislation which makes the payment of additional remuneration for part-time workers and comparable full - time workers (zusätzliche Vergütung) uniformly contingent on the same number of working hours being exceeded in a given activity, such as a pilot’s flight duty, must be regarded as a “less favourable” treatment of part-time workers within the meaning of that provision (principle drawn from the CJEU judgement). Keywords: Flight crews – part-time relationship – additional remuneration – Court of justice case law. 1. THE CASE The judgement responds to a question referred to the CJEU for a preliminary ruling on the interpretation of the EU legislation by Bundesarbeitsgericht (Federal Labour Court, Germany) concerning the employment relationship of a pilot; it was considered part - time because the pilot’s “basic remuneration, including service increments, is reduced by ten DOI 10.60559/ijtthl2024-013 1 University of Parma.
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