# C_2018072EN.01000802.xml

| 26.2.2018 | EN | Official Journal of the European Union | C 72/8 |
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26.2.2018

EN

Official Journal of the European Union

C 72/8

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Judgment of the Court (Tenth Chamber) of 20 December 2017 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo n. 1 de Oviedo (Administrative Court No 1, Oviedo — Spain)) — Margarita Isabel Vega González v Consejería de Hacienda y Sector Público del Gobierno del Principado de Asturias

(Case C-158/16) (1)

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((Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Principle of non-discrimination - Concept of ‘employment conditions’ - Placement on the administrative status for special service leave - National legislation providing for special leave to be granted, in case of election to public office, only to established civil servants, to the exclusion of non-established civil servants))

(2018/C 072/10)

Language of the case: Spanish

Referring court

Referring court

Juzgado de lo Contencioso-Administrativo n. 1 de Oviedo

Parties to the main proceedings

Parties to the main proceedings

Applicant: Margarita Isabel Vega González

Applicant:

Defendant: Consejería de Hacienda y Sector Público del Gobierno del Principado de Asturias

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Clause 4(1) of the framework agreement on fixed-term work concluded on 18 March 1999, annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP must be interpreted as meaning that the concept of ‘employment conditions’, referred to in that provision, includes the right for a worker who has been elected to a parliamentary role to benefit from special service leave, provided for by national legislation, under which the employment relationship is suspended such that the worker’s job and his entitlement to promotion are guaranteed until the end of that parliamentary term of office; |
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1.

Clause 4(1) of the framework agreement on fixed-term work concluded on 18 March 1999, annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP must be interpreted as meaning that the concept of ‘employment conditions’, referred to in that provision, includes the right for a worker who has been elected to a parliamentary role to benefit from special service leave, provided for by national legislation, under which the employment relationship is suspended such that the worker’s job and his entitlement to promotion are guaranteed until the end of that parliamentary term of office;

| 2. | Clause 4 of the framework agreement on fixed-term work concluded on 18 March 1999, annexed to Council Directive 1999/70 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, that absolutely precludes granting a fixed-term worker, so that he may hold political office, leave during which the employment relationship is suspended until reinstatement of that worker at the end of the term of office, when that right is conferred on permanent workers. |
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2.

Clause 4 of the framework agreement on fixed-term work concluded on 18 March 1999, annexed to Council Directive 1999/70 must be interpreted as precluding national legislation, such as that at issue in the main proceedings, that absolutely precludes granting a fixed-term worker, so that he may hold political office, leave during which the employment relationship is suspended until reinstatement of that worker at the end of the term of office, when that right is conferred on permanent workers.

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(1)  OJ C 211, 13.6.2016.

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