# C_2015096EN.01000302.xml

| 23.3.2015 | EN | Official Journal of the European Union | C 96/3 |
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23.3.2015

EN

Official Journal of the European Union

C 96/3

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Reference for a preliminary ruling from the Tribunal Superior de Justicia de Madrid, Sección 3 de lo Social (Spain) lodged on 22 December 2014 — Ana de Diego Porras v Ministerio de Defensa

(Case C-596/14)

(2015/C 096/05)

Language of the case: Spanish

Referring court

Referring court

Tribunal Superior de Justicia de Madrid, Sección 3 de lo Social

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ana de Diego Porras

Applicant:

Defendant: Ministerio de Defensa

Defendant:

Questions referred

Questions referred

| 1. | Is the compensation due on termination of a temporary contract covered by the employment conditions to which Clause 4(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP refers (1)? |
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1.

Is the compensation due on termination of a temporary contract covered by the employment conditions to which Clause 4(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP refers (1)?

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| 2. | If such compensation is covered by the employment conditions, must workers with an employment contract or relationship entered into directly between an employer and a worker where the end of the employment contract or relationship is determined by objective conditions, such as reaching a specific date, completing a specific task or service, or the occurrence of a specific event, receive, on termination of the contract, the same compensation as that to which a comparable permanent worker is entitled when his contract is terminated for objective reasons? |
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2.

If such compensation is covered by the employment conditions, must workers with an employment contract or relationship entered into directly between an employer and a worker where the end of the employment contract or relationship is determined by objective conditions, such as reaching a specific date, completing a specific task or service, or the occurrence of a specific event, receive, on termination of the contract, the same compensation as that to which a comparable permanent worker is entitled when his contract is terminated for objective reasons?

| 3. | If a temporary worker is entitled to receive the same compensation as a permanent worker on termination of the contract for objective reasons, must Article 49(1)(c) of the Estatuto de los Trabajadores (Workers’ Statute) be regarded as having correctly transposed Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, or is it discriminatory and contrary to that directive in that it undermines its purpose and its effectiveness? |
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3.

If a temporary worker is entitled to receive the same compensation as a permanent worker on termination of the contract for objective reasons, must Article 49(1)(c) of the Estatuto de los Trabajadores (Workers’ Statute) be regarded as having correctly transposed Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, or is it discriminatory and contrary to that directive in that it undermines its purpose and its effectiveness?

| 4. | If there are no objective reasons for excluding temporary replacement workers from the entitlement to receive compensation on termination of a temporary contract, is the distinction which the Worker’s Statute establishes between the employment conditions of those workers discriminatory, compared not only with the conditions of permanent workers but also with those of other temporary workers? |
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4.

If there are no objective reasons for excluding temporary replacement workers from the entitlement to receive compensation on termination of a temporary contract, is the distinction which the Worker’s Statute establishes between the employment conditions of those workers discriminatory, compared not only with the conditions of permanent workers but also with those of other temporary workers?

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(1)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).

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