# C_2016211EN.01003001.xml

| 13.6.2016 | EN | Official Journal of the European Union | C 211/30 |
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13.6.2016

EN

Official Journal of the European Union

C 211/30

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Request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 1 de Oviedo (Spain) lodged on 16 March 2016 — Margarita Isabel Vega González v Consejería de Hacienda y Sector Público de la Administración del Principado de Asturias

(Case C-158/16)

(2016/C 211/38)

Language of the case: Spanish

Referring court

Juzgado Contencioso-Administrativo No 1 de Oviedo

Parties to the main proceedings

Applicant: Margarita Isabel Vega González

Defendant: Consejería de Hacienda y Sector Público de la Administración del Principado de Asturias

Questions referred

| 1. | Must the term ‘employment conditions’ in Clause 4 of the framework agreement on fixed-term work [concluded by ETUC, UNICE and CEEP] annexed to Council Directive 1999/70/EC (1) of 28 June 1999 ... be interpreted as including a legal situation in which a fixed-term worker who has been elected to political office as a member of Parliament may, in the same way as a permanent member of staff, apply for and be granted a break in the service relationship with the employer so as to be reinstated in the same post once the relevant parliamentary term of office has expired? |
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1.

Must the term ‘employment conditions’ in Clause 4 of the framework agreement on fixed-term work [concluded by ETUC, UNICE and CEEP] annexed to Council Directive 1999/70/EC (1) of 28 June 1999 ... be interpreted as including a legal situation in which a fixed-term worker who has been elected to political office as a member of Parliament may, in the same way as a permanent member of staff, apply for and be granted a break in the service relationship with the employer so as to be reinstated in the same post once the relevant parliamentary term of office has expired?

| 2. | Must the principle of non-discrimination referred to in Clause 4 of the framework agreement on fixed-term work [concluded by ETUC, UNICE and CEEP] annexed to Council Directive 1999/70/EC of 28 June 1999 ... be interpreted as precluding regional legislation such as Article 59(2) of the Law [of the Principality of Asturias] 3/1985 [of 26 December 1985] on the organisation of the civil service [of the Government of the Principality of Asturias], which totally and absolutely precludes giving an ‘interino’ civil servant special service leave in the event of being elected a member of Parliament, when that right is given to career civil servants? |
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2.

Must the principle of non-discrimination referred to in Clause 4 of the framework agreement on fixed-term work [concluded by ETUC, UNICE and CEEP] annexed to Council Directive 1999/70/EC of 28 June 1999 ... be interpreted as precluding regional legislation such as Article 59(2) of the Law [of the Principality of Asturias] 3/1985 [of 26 December 1985] on the organisation of the civil service [of the Government of the Principality of Asturias], which totally and absolutely precludes giving an ‘interino’ civil servant special service leave in the event of being elected a member of Parliament, when that right is given to career civil servants?

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(1)  OJ 1999 L 175, p. 43.

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