62021CO0450_INF
Order of the Court (Sixth Chamber) of 18 May 2022 –Ministero dell’istruzione (Electronic card)
(Case C‑450/21) (
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)
(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(1) – Principle of non-discrimination – Concept of ‘employment conditions’ – Allowance to support the in-service training of teachers and to enhance their professional skills)
1.
Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Scope – Person employed by the Ministry as a teacher – Included
(Council Directive 1999/70, Annex, clauses 3(1) and 4(1))
(see paras 30-32)
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 – Conditions of employment – Definition – Allowance to support the in-service training of teachers and to enhance their professional skills – Included
(Council Directive 1999/70, Annex, clause 4(1))
(see paras 33, 35-38)
3.
Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Objective reasons justifying different treatment – Concept – Criteria to be taken into consideration – Allowance granted to the permanent teaching staff of the Ministry, by means of an electronic card, in order to support their in-service training and to enhance their professional skills – Fixed-term teaching staff excluded from entitlement to that allowance – Unlawful
(Council Directive 1999/70, Annex, clause 4(1))
(see paras 45-48, operative part)
Operative part
Clause 4(1) of the Framework Agreement on fixed-term work concluded on 18 March 1999, annexed 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 precluding national legislation which gives only permanent teaching staff of the Ministry of Education, and not fixed-term teaching staff of that ministry, the right to benefit from additional remuneration in the amount of EUR 500 per year, granted in order to support the in-service training of teachers and to enhance their professional skills, by means of an electronic card which can be used to purchase books and texts (including in digital format), publications, journals relevant in any way for professional development, to purchase hardware and software, to enrol in professional development and certification courses for professional skills, in undergraduate or masters courses related to the job profile, or in postgraduate courses or specialising masters courses related to the job profile, to attend theatrical performances and film screenings, to access museums, exhibitions, cultural events, live performances and other training activities, as well as to purchase connectivity services in order to fulfil the obligation to carry out professional activities remotely.
(
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)	OJ C 422, 18.10.2021.