# C_2017382EN.01002603.xml

| 13.11.2017 | EN | Official Journal of the European Union | C 382/26 |
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13.11.2017

EN

Official Journal of the European Union

C 382/26

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Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla-La Mancha (Spain) lodged on 11 May 2017 — Pedro Viejobueno Ibáñez and Emilia de la Vara González v Consejería de Educación de Castilla-La Mancha

(Case C-245/17)

(2017/C 382/32)

Language of the case: Spanish

Referring court

Referring court

Tribunal Superior de Justicia de Castilla-La Mancha

Parties to the main proceedings

Parties to the main proceedings

Appellants: Pedro Viejobueno Ibáñez and Emilia de la Vara González

Appellants:

Respondent: Consejería de Educación de Castilla-La Mancha

Respondent:

Questions referred

Questions referred

The following questions arise:

| 1. | may the ending of the teaching period in the academic year be regarded as an objective ground justifying different treatment for the above-mentioned interim teaching staff as compared with established teaching staff? |
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1.

may the ending of the teaching period in the academic year be regarded as an objective ground justifying different treatment for the above-mentioned interim teaching staff as compared with established teaching staff?

| 2. | is the fact that interim civil-servant teaching staff whose employment is terminated at the end of the teaching period cannot take their leave on actual rest days, but are paid the remuneration corresponding thereto, compatible with the principle that such interim staff should not be discriminated against? |
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2.

is the fact that interim civil-servant teaching staff whose employment is terminated at the end of the teaching period cannot take their leave on actual rest days, but are paid the remuneration corresponding thereto, compatible with the principle that such interim staff should not be discriminated against?

| 3. | is an abstract rule like that contained in the Thirteenth Additional Provision of Ley 5/2012, de 12 de julio, de Presupuestos Generales de la Junta de Comunidades de Castilla-La Mancha para 2012 (Regional Law 5/2012 of 12 July 2012, on General Budgets of the Government of the Autonomous Community of Castilla-La Mancha for 2012), which, among other measures, for reasons of budgetary savings and the fulfilment of deficit objectives, suspended the application of an Agreement dated 10 March 1994 between the Ministry of Education and Science and the ANPE Trade Union, published by means of a Resolution of 15 March 1994 of the Directorate General of Personnel (BOMEC of 28 March 1994), so far as concerns paid leave in July and August for replacements of more than five-and-a-half months and for coverage of vacant posts, and required payment to be made to interim non-university teaching staff in respect of leave corresponding to 22 working days if the interim appointment was for a full academic year, or for the days corresponding thereto on a proportional basis, compatible with the principle that there should be no discrimination against such staff, who fall within the category of fixed-term workers? |
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3.

is an abstract rule like that contained in the Thirteenth Additional Provision of Ley 5/2012, de 12 de julio, de Presupuestos Generales de la Junta de Comunidades de Castilla-La Mancha para 2012 (Regional Law 5/2012 of 12 July 2012, on General Budgets of the Government of the Autonomous Community of Castilla-La Mancha for 2012), which, among other measures, for reasons of budgetary savings and the fulfilment of deficit objectives, suspended the application of an Agreement dated 10 March 1994 between the Ministry of Education and Science and the ANPE Trade Union, published by means of a Resolution of 15 March 1994 of the Directorate General of Personnel (BOMEC of 28 March 1994), so far as concerns paid leave in July and August for replacements of more than five-and-a-half months and for coverage of vacant posts, and required payment to be made to interim non-university teaching staff in respect of leave corresponding to 22 working days if the interim appointment was for a full academic year, or for the days corresponding thereto on a proportional basis, compatible with the principle that there should be no discrimination against such staff, who fall within the category of fixed-term workers?

BOMEC

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