# C_2021263EN.01000502.xml

| 5.7.2021 | EN | Official Journal of the European Union | C 263/5 |
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5.7.2021

EN

Official Journal of the European Union

C 263/5

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Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León (Spain) lodged on 26 March 2021 — Clemente v Comunidad de Castilla y León (Dirección General de la Función Pública)

(Case C-192/21)

(2021/C 263/07)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Castilla y León

Parties to the main proceedings

Appellant: Clemente

Respondent: Comunidad de Castilla y León (Dirección General de la Función Pública)

Questions referred

| 1. | Must the concept of ‘comparable permanent worker’ in Clause 4(1) of the framework agreement on fixed-term contracts concluded on 18 March 1999 between the general cross-industry organisations (ETUC, UNICE and CEEP) annexed to Council Directive 1999/70 of 28 June 1999 (1) be interpreted as meaning that, for the purposes of consolidating a personal grade, a period of service as an interim civil servant undertaken by a permanent civil servant before he or she obtained permanent status must be accorded the same treatment as service undertaken by another career civil servant? |
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1.

Must the concept of ‘comparable permanent worker’ in Clause 4(1) of the framework agreement on fixed-term contracts concluded on 18 March 1999 between the general cross-industry organisations (ETUC, UNICE and CEEP) annexed to Council Directive 1999/70 of 28 June 1999 (1) be interpreted as meaning that, for the purposes of consolidating a personal grade, a period of service as an interim civil servant undertaken by a permanent civil servant before he or she obtained permanent status must be accorded the same treatment as service undertaken by another career civil servant?

| 2. | Must Clause 4(1) of the framework agreement on fixed-term contracts concluded on 18 March 1999 between the general cross-industry organisations (ETUC, UNICE and CEEP) annexed to Council Directive 1999/70 of 28 June 1999 be interpreted as meaning that both (i) the fact that the period in question has already been taken into account to enable the individual to become a career civil servant and (ii) the design of the civil service career progression arrangements established in national legislation, are objective grounds that justify why a period of service as an interim civil servant undertaken by a permanent civil servant before he or she obtained permanent status should not be taken into account for the purposes of consolidating the individual’s personal grade? |
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2.

Must Clause 4(1) of the framework agreement on fixed-term contracts concluded on 18 March 1999 between the general cross-industry organisations (ETUC, UNICE and CEEP) annexed to Council Directive 1999/70 of 28 June 1999 be interpreted as meaning that both (i) the fact that the period in question has already been taken into account to enable the individual to become a career civil servant and (ii) the design of the civil service career progression arrangements established in national legislation, are objective grounds that justify why a period of service as an interim civil servant undertaken by a permanent civil servant before he or she obtained permanent status should not be taken into account for the purposes of consolidating the individual’s personal grade?

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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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