CELEX: 62007CA0276
Language: en
Date: 2008-05-15 00:00:00
Title: Case C-276/07: Judgment of the Court (Seventh Chamber) of 15 May 2008 (reference for a preliminary ruling from the Corte d'appello di Firenze (Italy)) — Nancy Delay v Università degli studi di Firenze, Istituto nazionale della previdenza sociale (INPS), Repubblica italiana (Freedom of movement for workers — Discrimination on grounds of nationality — Category of exchange assistants — Former foreign-language assistants — Recognition of acquired rights)

5.7.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/10
            
         Judgment of the Court (Seventh Chamber) of 15 May 2008 (reference for a preliminary ruling from the Corte d'appello di Firenze (Italy)) — Nancy Delay v Università degli studi di Firenze, Istituto nazionale della previdenza sociale (INPS), Repubblica italiana
   (Case C-276/07) (1)
   
   (Freedom of movement for workers - Discrimination on grounds of nationality - Category of ‘exchange assistants’ - Former foreign-language assistants - Recognition of acquired rights)
   (2008/C 171/17)
   Language of the case: Italian
   Referring court
   Corte d'appello di Firenze
   Parties to the main proceedings
   
      Applicant: Nancy Delay
   
      Defendant: Università degli studi di Firenze, Istituto nazionale della previdenza sociale (INPS), Repubblica italiana
   Re:
   Reference for a preliminary ruling — Interpretation of Article 39 EC — Recognition of the acquired rights of foreign-language assistants — Assistants employed pursuant to a cultural exchange agreement with other Member States (‘exchange assistants’) — Applicability of the principles flowing from Cases C-21/99 and C-119/04
   Operative part of the judgment
   It is contrary to Article 39(2) EC that, when a fixed-term contract of employment as an exchange assistant is replaced by a contract of employment for an indefinite period as a linguistic associate, a person in the position of the applicant in the main proceedings should be refused recognition of the rights acquired since the date of her first recruitment, with consequences with regard to remuneration, the account to be taken of seniority and the payment, by the employer, of contributions to a social security scheme, inasmuch as a national worker placed in a comparable situation would have been entitled to such recognition. It is for the national court to ascertain whether that is so in the case in the main proceedings.
   
      (1)  OJ C 211, 8.9.2007.