Order of the Court (Sixth Chamber) of 22March 2018— Centeno Meléndez
Case C‑315/17)(1)
(Reference for a preliminary ruling— Directive 1999/70/EC— Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP— Clause 4— Principle of non-discrimination— System of horizontal career development— Grant of remuneration supplement— National legislation excluding non-established agents— Notions of ‘employment conditions’ and ‘objective reasons’)
1.Social policy— Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP— Directive 1999/70— Scope— Person employed as a non-established agent as a member of the administrative and technical staff of a university— Included
(Council Directive 1999/70, Annex)
(see paras 38-40)
2.Social policy— Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP— Directive 1999/70— Prohibition on discrimination against fixed-term workers— Conditions of employment— Concept— Participation in the system of horizontal professional development and grant of the remuneration supplement related to that participation— Included
(Council Directive 1999/70, Annex, Clause 4, point1)
(see paras 45, 47, 52-54)
3.Social policy— Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP— Directive 1999/70— Prohibition on discrimination against fixed-term workers— National legislation which reserves entitlement to participate in the system of horizontal professional development to the administrative and technical staff of a university and, consequently, restricts the enjoyment of the remuneration supplement related to that participation to officials and permanent contractual agents, thereby excluding persons employed as non-established agents— No objective reasons— Unlawful
(Council Directive 1999/70, Annex, clause 4, point1)
(see paras 65, 68-71, 76, 78 and operative part)
Operative part
Clause 4, point1 of the Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP concluded on 18March 1999, in the annex to Council Directive 1999/70/EC of 28June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which reserves entitlement to participate in the system of horizontal professional development to the administrative and technical staff of the University of Zaragoza (Spain) and, consequently, restricts the enjoyment of the remuneration supplement related to that participation to permanent officials and contractual agents, thereby excluding, inter alia, persons employed as non-established agents.
1 OJ C269, 14.8.2017.