CELEX: 62014CA0177
Language: en
Date: 2015-07-09 00:00:00
Title: Case C-177/14: Judgment of the Court (Third Chamber) of 9 July 2015 (request for a preliminary ruling from the Tribunal Supremo — Spain) — María José Regojo Dans v Consejo de Estado (Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clauses 3 and 4 — Principle of non-discrimination — ‘Non-permanent staff’ — Refusal to grant a three-yearly length-of-service increment — Objective grounds)

7.9.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/9
            
         Judgment of the Court (Third Chamber) of 9 July 2015 (request for a preliminary ruling from the Tribunal Supremo — Spain) — María José Regojo Dans v Consejo de Estado
   (Case C-177/14) (1)
   
   ((Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clauses 3 and 4 - Principle of non-discrimination - ‘Non-permanent staff’ - Refusal to grant a three-yearly length-of-service increment - Objective grounds))
   (2015/C 294/11)
   Language of the case: Spanish
   
      Referring court
   
   Tribunal Supremo
   
      Parties to the main proceedings
   
   
      Applicant: María José Regojo Dans
   
      Defendant: Consejo de Estado
   
      Operative part of the judgment
   
   
               1.
            
            
               The concept of a ‘fixed-term worker’, within the meaning of clause 3(1) of the framework agreement on fixed-term work, concluded on 18 March 1999, 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 applying to a worker such as the applicant in the main proceedings.
            
         
               2.
            
            
               Clause 4(1) of the framework agreement on fixed-term work must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which excludes, without justification on objective grounds, non-permanent staff from the right to receive a three-yearly length-of-service increment granted, inter alia, to career civil servants when, as regards the receipt of that increment, those two categories of workers are in comparable situations, a matter which is for the referring court to ascertain.
            
         
      (1)  OJ C 253, 4.8.2014.