CELEX: 62017CA0466
Language: en
Date: 2018-09-20 00:00:00
Title: Case C-466/17: Judgment of the Court (Sixth Chamber) of 20 September 2018 (request for a preliminary ruling from the Tribunale di Trento — Italy) — Chiara Motter v Provincia autonoma di Trento (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 — Secondary school teachers — Employment of fixed-term workers as career civil servants through recruitment based on qualification — Determination of the period of service deemed accrued — Account taken only in part of periods of service completed under fixed-term contracts)

12.11.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 408/28
            
         
      Judgment of the Court (Sixth Chamber) of 20 September 2018 (request for a preliminary ruling from the Tribunale di Trento — Italy) — Chiara Motter v Provincia autonoma di Trento
      (Case C-466/17) (1)
      
      ((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 - Secondary school teachers - Employment of fixed-term workers as career civil servants through recruitment based on qualification - Determination of the period of service deemed accrued - Account taken only in part of periods of service completed under fixed-term contracts))
      (2018/C 408/36)
      Language of the case: Italian
      
         Referring court
      
      Tribunale di Trento
      
         Parties to the main proceedings
      
      
         Applicant: Chiara Motter
      
         Defendant: Provincia autonoma di Trento
      
         Operative part of the judgment
      
      Clause 4 of the framework agreement on fixed-term work, concluded on 18 March 1999, 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, in principle, national legislation, such as that at issue in the main proceedings, which for the purpose of classifying a worker in a salary grade at the time of his recruitment on the basis of qualifications as a career civil servant, takes full account only of the first four years of service completed under fixed-term contracts, only two thirds of subsequent periods of service being taken into consideration.
      
         (1)  OJ C 347, 16.10.2017.