CELEX: C2005/257/06
Language: en
Date: 2005-10-15 00:00:00
Title: Case C-307/05: Reference for a preliminary ruling from the Juzgado de lo Social No 1 of San Sebastián (Spain) by order of that court of 6 July 2005 in Yolanda Del Cerro Alonso v Osakidetza (Servicio Vasco de Salud) (Basque Health Service)

15.10.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 257/3
            
         Reference for a preliminary ruling from the Juzgado de lo Social No 1 of San Sebastián (Spain) by order of that court of 6 July 2005 in Yolanda Del Cerro Alonso v Osakidetza (Servicio Vasco de Salud) (Basque Health Service)
   (Case C-307/05)
   (2005/C 257/06)
   Language of the case: Spanish
   Reference has been made to the Court of Justice of the European Communities by order of the Juzgado de lo Social No 1 of San Sebastián (Spain) of 6 July 2005, received at the Court Registry on 4 August 2005, for a preliminary ruling in the proceedings between Yolanda Del Cerro Alonso and Osakidetza (Servicio Vasco de Salud) (Basque Health Service) on the following questions:
   
               1.
            
            
               Where Directive 1999/70/EC (1) provides that fixed-term workers are not be treated in a less favourable manner than comparable permanent workers, does this also refer to remuneration?
            
         If the answer is affirmative:
   
               2.
            
            
               Is the fact that Article 44 of Law 55/2003 of 16 December 2003 of the Framework Statute for Statutory Workers in the Health Service provides that temporary workers are not entitled to the length of service allowance recognised for permanent workers an adequate and objective reason?
            
         
               3.
            
            
               Are the agreements concluded between the staff unions and the administration adequate and objective reasons for not recognising the length of service allowance for temporary workers?
            
         
      (1)  Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ L 175, of 10/07/1999 p. 43).