A first step to clarity: Review of ECJ judgment of 19 October 2023,C-660/20 (MK vs Lufthansa CityLine GmbH),ECLI:EU:C:2023:789

Abstract

This article finds that the ECJ, in its judgment of 19 October 2023 (C-660/20), has succeeded in achieving a good degree of legal clarity by stating that difference in treatment of part-time workers can be established on the basis of a comparison of individual components of the remuneration. It calls on the ECJ to avoid treating a formal assessment as a decisive issue, and highlights the substantive arguments the ECJ makes about the justification of differential treatment.