CJEU CASE C-660/2020 MR MK VERSUS LUFTHANSA CITYLINE GMBH favourable’ manner than comparable full - time workers solely because they work part - time, unless different treatment is justified on objective grounds”7. The violation of the principle of equal pay is clear. The matter is another, i. e. whether any increase in the number of days of leave entails the establishment of a part - time contract, as it would seem to be in Germany. If this is the case, the zusätzliche Vergütung cannot be awarded to part - time workers based on the same conditions under which it is awarded to full - time workers, as “a part-time pilot must complete the same number of flying duty hours as a full - time pilot to be entitled to that remuneration, without that threshold being lowered in a manner proportionate to the length of his or her individual working time”8. It goes without saying that this conflicts with the equal pay principle, in that, “although the remuneration per flying hour for the two categories of pilots appears to be equal up to those trigger thresholds (...), those identical thresholds represent, for part - time pilots, a longer flight - hour duty than for full - time pilots, without that threshold being lowered in a manner proportionate to the length of (...) individual working time”9. If the employment relationship is part - time, the conditions for the awarding of the zusätzliche Vergütung cannot be the same as for the other flight crew members, due to the blatant violation of clause 4.1 of the framework agreement. If anything, the problem is to establish what unlawful treatment consists of and the decision does not address this matter. The trigger thresholds are per month. If, in the month, a part - time pilot does not take any one of the additional thirty - seven days of leave, the “thresholds” may and must remain unchanged. This does not apply if, in the same month, the service is provided to a reduced extent. That being the case, the “thresholds” must be proportionally redetermined. 7 This is how the judgement reads. 8 This is how the judgement reads. 9 This is how the judgement reads.
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