Case C‑466/17

Chiara Motter

v

Provincia autonoma di Trento

(Request for a preliminary ruling from the Tribunale di Trento)

(Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Public sector — Secondary school teachers — Employment of fixed-term workers as career civil servants through recruitment based on qualification — Determination of the period of service deemed accrued — Account taken only in part of periods of service completed under fixed-term contracts)

Summary — Judgment of the Court (Sixth Chamber), 20 September 2018

Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70 — Prohibition on discrimination against fixed-term workers — Worker employed for a fixed term recruited as a career civil servant without a public competition — Account taken only in part of periods of service completed under fixed-term contracts for the purpose of classifying a worker in a salary grade at the time of his recruitment on the basis of qualifications as a career civil servant — Lawfulness

(Council Directive 1999/70, Annex, Clause 4)

Clause 4 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 not precluding, in principle, national legislation, such as that at issue in the main proceedings, which for the purpose of classifying a worker in a salary grade at the time of his recruitment on the basis of qualifications as a career civil servant, takes full account of the first four years of service completed under fixed-term contracts, but only of two thirds of subsequent periods of service.

The objectives claimed by the Italian Government, first, of reflecting the differences in professional practice between the two categories of worker in question and, second, of preventing reverse discrimination against career civil servants recruited after passing an open competition, can therefore be considered to constitute an ‘objective reason’ within the meaning of clause 4(1) and/or (4) of the framework agreement, provided they respond to a genuine need, are appropriate for the purpose of attaining the objectives pursued and are necessary for that purpose (see, to that effect, judgment of 18 October 2012, Valenza and Others, C‑302/11 to C‑305/11, EU:C:2012:646, paragraph 62).

Subject to verifications which fall exclusively within the jurisdiction of the referring court, it must be accepted that the objectives relied on by the Italian Government in the present case may properly be regarded as corresponding to a genuine need.

National legislation such as that at issue in the main proceedings, which takes account of only two thirds of any period of service completed under fixed-term contracts that exceeds four years, cannot be considered to go beyond what is necessary to attain the objectives referred to above and to strike a balance between the legitimate interests of fixed-term workers and those of permanent workers, having due regard for meritocratic values and considerations relating to the impartiality and efficiency of the administrative authorities on which recruitment by way of competition is based.

(see paras 47, 48, 51, 54, operative part)