26.5.2015   

EN

Official Journal of the European Union

C 171/17

1.

In accordance with the line of authority laid down in the judgment of 10 June 2010 of the Court of Justice in Bruno and Others (C-395/08 and C–396/08], must Clause 4 of the Framework Agreement on part-time work, annexed to Directive 97/81/EC (1) concerning the Framework Agreement on part-time work, be interpreted as applying to a contributory unemployment benefit like that provided for in Article 210 of the Spanish Ley General de Seguridad Social, funded exclusively by the contributions paid by the employee and the undertakings having employed her, and based on the periods of employment in respect of which contributions were paid in the six years preceding the legal situation of unemployment?

2.

If the previous question is answered in the affirmative, in accordance with the case-law laid down in Bruno and Others, must Clause 4 of the Framework Agreement be interpreted as precluding a national provision which, as is the case of Article 3(4) of Real Decreto 625/1985 of 2 April (Rules on unemployment benefits), to which rule 4 of paragraph 1 of the seventh additional provision of the Ley General de Seguridad Social refers — in the case of ‘vertical’ part-time work (work carried out only three days a week) — disregards, for the purposes of calculation of the duration of unemployment benefit, days not worked even though contributions were paid in respect of those days, with the resulting reduction in the duration of the benefit granted?

3.

Must the prohibition of direct and indirect discrimination on grounds of sex laid down in Article 4 of Directive 79/7 (2) be interpreted as prohibiting or precluding a national provision which, as is the case of Article 3(4) of [Real Decreto 625/1985], in the case of ‘vertical’ part-time work (work carried out only three days a week), excludes days not worked from the calculation of days in respect of which contributions have been paid, with the resulting reduction in the duration of unemployment benefit?