Case C-322/23, Lufoni: Judgment of the Court (Seventh Chamber) of 17 October 2024 (request for a preliminary ruling from the Tribunale di Lecce – Italy) – ED v Ministero dell’Istruzione e del Merito, Istituto nazionale della previdenza sociale (INPS) (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 – Teachers – Employment of fixed-term workers as career civil servants through recruitment based on qualifications – Determination of the period of service deemed accrued – Account taken only in part of periods of service completed under fixed-term contracts – Subsequent reinstatement of the period of service not taken into account – No effect on the assessment of the existence of discrimination)
Date: 2024-10-17
Institutions: Court of Justice
Subjects: civil servant, equal treatment, professional qualifications, public sector, recruitment, seniority, teacher, temporary employment








C_202407146EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/7146


9.12.2024






Judgment of the Court (Seventh Chamber) of 17 October 2024 (request for a preliminary ruling from the Tribunale di Lecce – Italy) – ED v Ministero dell’Istruzione e del Merito, Istituto nazionale della previdenza sociale (INPS)


(Case C-322/23,
                (1)
Lufoni)
                (2)

(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 - Teachers - Employment of fixed-term workers as career civil servants through recruitment based on qualifications - Determination of the period of service deemed accrued - Account taken only in part of periods of service completed under fixed-term contracts - Subsequent reinstatement of the period of service not taken into account - No effect on the assessment of the existence of discrimination)
(C/2024/7146)
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)

Operative part of the judgment

Clause 4 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 precluding national legislation which, for the purposes of recognition of the length of service of a worker upon his or her appointment to the permanent staff as a career civil servant, limits to two-thirds the taking into account of the periods of service completed, beyond four years, under fixed-term contracts, including where, after a certain number of years of service, the remaining one-third of the periods of service is reinstated solely for salary purposes.


(1)  
            OJ C 304, 28.8.2023.

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


ELI: http://data.europa.eu/eli/C/2024/7146/oj
ISSN 1977-091X (electronic edition)