CELEX: C2007/269/14
Language: en
Date: 2007-11-10 00:00:00
Title: Case C-307/05: Judgment of the Court (Second Chamber) of 13 September 2007 (reference for a preliminary ruling from the Juzgado de lo Social de San Sebastián, Spain) — Yolanda Del Cerro Alonso v Osakidetsa (Servicio Vasco de Salud) (Directive 1999/70/EC — Clause 4 of the framework agreement on fixed-term work — Principle of non-discrimination — Concept of employment conditions — Length-of-service allowance — Inclusion — Objective grounds justifying a difference in treatment — None)

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/7
            
         Judgment of the Court (Second Chamber) of 13 September 2007 (reference for a preliminary ruling from the Juzgado de lo Social de San Sebastián, Spain) — Yolanda Del Cerro Alonso v Osakidetsa (Servicio Vasco de Salud)
   (Case C-307/05) (1)
   
   (Directive 1999/70/EC - Clause 4 of the framework agreement on fixed-term work - Principle of non-discrimination - Concept of ‘employment conditions’ - Length-of-service allowance - Inclusion - Objective grounds justifying a difference in treatment - None)
   (2007/C 269/14)
   Language of the case: Spanish
   Referring court
   Juzgado de lo Social de San Sebastian
   Parties to the main proceedings
   
      Applicant: Yolanda Del Cerro Alonso
   
      Defendant: Osakidetsa (Servicio Vasco de Salud)
   Re:
   Reference for a preliminary ruling — Juzgado de lo Social San Sebastian — Interpretation of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) — Whether working conditions include financial conditions — Length of service allowance — Non-payment due to agreements between the staff trade union and the administration — Adequate and objective reasons
   Operative part of the judgment
   
               1.
            
            
               The concept of ‘employment conditions’ referred to in clause 4(1) of the framework agreement on fixed-term work, concluded on 18 March 1999, and which is set out in the Annex 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 meaning that it can act as a basis for a claim such as that at issue in the main proceedings, which seeks the grant to a fixed-term worker of a length-of-service allowance which is reserved under national law solely to permanent staff.
            
         
               2.
            
            
               Clause 4(1) of the framework agreement must be interpreted as meaning that it precludes the introduction of a difference in treatment between fixed-term workers and permanent workers which is justified solely on the basis that it is provided for by a provision of statute or secondary legislation of a Member State or by a collective agreement concluded between the staff union representatives and the relevant employer.
            
         
      (1)  OJ C 257, 15.12.2005.