62024CO0823_INF
Order of the Court (Ninth Chamber) of 10 July 2025 –Centro Servizi Culturali Santa Chiara
(Case C-823/24)
(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – No less favourable treatment of fixed-term workers – Granting of certain elements of remuneration only to permanent workers – Fixed-term workers receiving higher hourly remuneration than that of permanent workers)
1.
Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Prohibition on discrimination against fixed-term workers – Employment conditions – Concept – Flexibility bonuses and company supplement paid by reason of the employment relationship – Included
(Council Directive 1999/70, Annex, clause 4.1)
(see paragraphs 24, 25)
2.
Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Prohibition on discrimination against fixed-term workers – Granting of flexibility bonuses and a company supplement only to permanent workers – Fixed-term workers receiving higher hourly remuneration than that of permanent workers – Whether permissible
(Council Directive 1999/70, Annex, clauses 4.1 and 8.1)
(see paragraphs 26-29, operative part)
Operative part
Clause 4.1 of the framework agreement on fixed-term work concluded on 18 March 1999, set out in the Annex 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 it does not preclude national legislation which allows the payment of certain elements of remuneration only in the case of permanent workers, to the exclusion of fixed-term workers, where those fixed-term workers receive higher hourly remuneration than that received by permanent workers, including where account is taken of those elements of remuneration in the remuneration of permanent workers.