Case C-543/23, Gnattai: Judgment of the Court (Fourth Chamber) of 4 September 2025 (request for a preliminary ruling from the Tribunale di Padova – Italy) – AR v Ministero dell’Istruzione e del Merito (Reference for a preliminary ruling – Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Teachers who have acquired professional experience in certain schools that are not operated or organised by the State – Recruitment on a permanent basis at a State school – Determination of length of service for the purposes of determining salary – National legislation not providing for account to be taken of periods of service completed in certain schools not operated or organised by the State – Difference in treatment based on a criterion other than the permanent or fixed-term nature of the employment relationship – Articles 20 and 21 of the Charter of Fundamental Rights of the European Union – Applicability – No implementation of EU law)
Date: 2025-09-04
Institutions: Court of Justice
Subjects: educational institution, equal treatment, framework agreement, pay, private education, professional experience, public education, seniority, teacher, temporary employment








C_202505553EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5553


27.10.2025






Judgment of the Court (Fourth Chamber) of 4 September 2025 (request for a preliminary ruling from the Tribunale di Padova – Italy) – AR v Ministero dell’Istruzione e del Merito


(Case C-543/23,
                (1)
Gnattai
                (2)
)

(Reference for a preliminary ruling - Social policy - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Teachers who have acquired professional experience in certain schools that are not operated or organised by the State - Recruitment on a permanent basis at a State school - Determination of length of service for the purposes of determining salary - National legislation not providing for account to be taken of periods of service completed in certain schools not operated or organised by the State - Difference in treatment based on a criterion other than the permanent or fixed-term nature of the employment relationship - Articles 20 and 21 of the Charter of Fundamental Rights of the European Union - Applicability - No implementation of EU law)
(C/2025/5553)
Language of the case: Italian

Referring court

Tribunale di Padova

Parties to the main proceedings


Applicant: AR

Defendant: Ministero dell’Istruzione e del Merito

Intervener: Anief – Associazione Professionale e Sindacale

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 not precluding national legislation which does not provide for account to be taken, when determining the length of service and the salary of teachers upon their recruitment on a permanent basis at a State school, of periods of service previously completed by those teachers in the context of fixed-term or permanent employment in certain schools that are not operated or organised by the State, but which are treated, under that legislation, as State schools, even though that legislation provides that periods of service completed by teachers employed in State schools, in particular on a permanent basis, are to be taken into account when determining their length of service and their salary.


(1)  OJ C, C/2024/3733.

(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/2025/5553/oj
ISSN 1977-091X (electronic edition)