CELEX: 62017CA0096
Language: en
Date: 2018-07-25 00:00:00
Title: Case C-96/17: Judgment of the Court (Sixth Chamber) of 25 July 2018 (request for a preliminary ruling from the Juzgado de lo Social n.° 2 de Terrassa — Spain) — Gardenia Vernaza Ayovi v Consorci Sanitari de Terrassa (Reference for a preliminary ruling — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Consequences of a disciplinary dismissal found to be ‘unfair’ — Definition of ‘working conditions’ — Temporary worker with a contract of indefinite duration — Difference in treatment between permanent workers and temporary workers with a fixed-term contract or contract of indefinite duration — Reinstatement of the worker or granting of compensation)

17.9.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 328/11
            
         
      Judgment of the Court (Sixth Chamber) of 25 July 2018 (request for a preliminary ruling from the Juzgado de lo Social n.o 2 de Terrassa — Spain) — Gardenia Vernaza Ayovi v Consorci Sanitari de Terrassa
      (Case C-96/17) (1)
      
      ((Reference for a preliminary ruling - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Consequences of a disciplinary dismissal found to be ‘unfair’ - Definition of ‘working conditions’ - Temporary worker with a contract of indefinite duration - Difference in treatment between permanent workers and temporary workers with a fixed-term contract or contract of indefinite duration - Reinstatement of the worker or granting of compensation))
      (2018/C 328/12)
      Language of the case: Spanish
      
         Referring court
      
      Juzgado de lo Social n.o 2 de Terrassa
      
         Parties to the main proceedings
      
      
         Applicant: Gardenia Vernaza Ayovi
      
         Defendant: Consorci Sanitari de Terrassa
      
         Operative part of the judgment
      
      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 national legislation, such as that at issue in the main proceedings, according to which, when the disciplinary dismissal of a permanent worker in the service of a public authority is declared wrongful, the worker in question must be reinstated, whereas, in the same situation, a worker employed under a temporary contract or a temporary contract of indefinite duration performing the same duties as that permanent worker need not be reinstated but instead may receive compensation.
      
         (1)  OJ C 151, 15.5.2017.