Joined Cases C-29/18, C-30/18 and C-44/18: Judgment of the Court (Second Chamber) of 11 April 2019 (requests for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Cobra Servicios Auxiliares SA v José David Sánchez Iglesias (C-29/18), José Ramón Fiuza Asorey (C-30/18), Jesús Valiño Lopez (C-44/18), FOGASA (C-29/18 and C-44/18), Incatema SL, (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 — Principle of non-discrimination — Concept of ‘employment conditions’ — Comparability of the situations — Justification — Concept of ‘objective grounds’ — Compensation in the event of the termination of a permanent employment contract on an objective ground — Lower amount of compensation paid on expiry of a contract for ‘a specific task’)
Date: 2019-04-11
Institutions: Court of Justice
Subjects: BusinessEurope, European Centre of Enterprises with Public Participation, European Trade Union Confederation, collective dismissal, equal treatment, severance pay, social policy, temporary employment, work contract, working conditions








C_2019206EN.01001201.xml










17.6.2019   


EN


Official Journal of the European Union


C 206/12






Judgment of the Court (Second Chamber) of 11 April 2019 (requests for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Cobra Servicios Auxiliares SA v José David Sánchez Iglesias (C-29/18), José Ramón Fiuza Asorey (C-30/18), Jesús Valiño Lopez (C-44/18), FOGASA (C-29/18 and C-44/18), Incatema SL,
(Joined Cases C-29/18, C-30/18 and C-44/18) (1)

(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 - Principle of non-discrimination - Concept of ‘employment conditions’ - Comparability of the situations - Justification - Concept of ‘objective grounds’ - Compensation in the event of the termination of a permanent employment contract on an objective ground - Lower amount of compensation paid on expiry of a contract for ‘a specific task’)
(2019/C 206/13)
Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Galicia

Parties to the main proceedings


Appellant: Cobra Servicios Auxiliares SA

Respondents: José David Sánchez Iglesias (C-29/18), José Ramón Fiuza Asorey (C-30/18), Jesús Valiño Lopez (C-44/18), FOGASA (C-29/18 and C-44/18), Incatema SL

Operative part

Clause 4(1) of the framework agreement on fixed-term work, concluded on 18 March 1999, which is 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 a national law in accordance with which, in a situation, such as that at issue in the main proceedings, in which the termination of a contract for services between the employer and one of his clients has resulted, first, in the termination of contracts for a specific task made between that employer and some workers and, second, in the collective redundancy, on an objective ground, of permanent workers employed by that employer, the compensation paid for termination of the employment contract to the first of those groups of workers is less than that given to the permanent workers.


(1)  OJ C 142 of 23.4.2018