# C_2023304EN.01000901.xml

| 28.8.2023 | EN | Official Journal of the European Union | C 304/9 |
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28.8.2023

EN

Official Journal of the European Union

C 304/9

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Request for a preliminary ruling from the Tribunale di Lecce (Italy) lodged on 24 May 2023 — ED v Ministero dell’Istruzione e del Merito, Istituto Nazionale della Previdenza Sociale (INPS)

(Case C-322/23, Lufoni (1))

(2023/C 304/11)

Language of the case: Italian

Referring court

Tribunale di Lecce

Parties to the main proceedings

Applicant: ED

Defendants: Ministero dell’Istruzione e del Merito, Istituto Nazionale della Previdenza Sociale (INPS)

Questions referred

| 1. | Does clause 4 (of the Framework Agreement) of Directive 99/70 (2) preclude national legislation such as Articles 485 and 489 of Legislative Decree No 297/1994, Article 11(14) of Law No 124/99 and Article 4(3) of Presidential Decree No 399/88, which provide for the length of service prior to becoming a permanent member of staff, taking into account the aforementioned Article 11(14), to be counted in full only for the first four years and, for the subsequent years, at a rate of two thirds for legal and salary purposes and of the remaining one-third solely for salary purposes and after reaching a certain length of service as provided for by Article 4(3) of Presidential Decree No 399/88? |
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1.

Does clause 4 (of the Framework Agreement) of Directive 99/70 (2) preclude national legislation such as Articles 485 and 489 of Legislative Decree No 297/1994, Article 11(14) of Law No 124/99 and Article 4(3) of Presidential Decree No 399/88, which provide for the length of service prior to becoming a permanent member of staff, taking into account the aforementioned Article 11(14), to be counted in full only for the first four years and, for the subsequent years, at a rate of two thirds for legal and salary purposes and of the remaining one-third solely for salary purposes and after reaching a certain length of service as provided for by Article 4(3) of Presidential Decree No 399/88?

| 2. | In any event, for the purposes of assessing whether there is discrimination under clause 4 (of the Framework Agreement) of Directive 99/70, must the national court take account only of the length of service prior to becoming a permanent member of staff recognised at the time of admittance to the permanent staff, or, on the contrary, must it take account of the entire body of rules concerning the treatment of that length of service and thus also of the rules which provide, in periods following admittance to the permanent staff, for full recovery of length of service for salary purposes only? |
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2.

In any event, for the purposes of assessing whether there is discrimination under clause 4 (of the Framework Agreement) of Directive 99/70, must the national court take account only of the length of service prior to becoming a permanent member of staff recognised at the time of admittance to the permanent staff, or, on the contrary, must it take account of the entire body of rules concerning the treatment of that length of service and thus also of the rules which provide, in periods following admittance to the permanent staff, for full recovery of length of service for salary purposes only?

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(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)  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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