Order of the Court (Eighth Chamber) of 7March 2013— Rivas Montes
(Case C‑178/12)
Articles53(2) and 99 of the Rules of Procedure of the Court— Social policy— Principle of equal treatment— Directive 1999/70/EC— Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP— Clause 4— Fixed-term employment contracts in the public sector— Determination of length of service— Difference in treatment between civil servants and contractual staff— Taking into account previous periods of employment completed in the administration— Clear lack of jurisdiction of the Court
Questions referred for a preliminary ruling— Jurisdiction of the Court— Limits— Question raised in the context of a dispute concerning national law and not EU law — Clear lack of jurisdiction of the Court (Art. 267 TFEU) (see paras 50-54)
Re:
| Request for a preliminary ruling— Juzgado de lo social— Interpretation of Article45(4) TFEU— National legislation governing the method of calculation of length-of-service increments in the civil service— Application by a public authority of different rules according to whether the employment relationship is of a public service or of a contractual kind— Failure to take into account certain periods of service completed by contractual staff. |
Operative part:
The Court of Justice of the European Union clearly has no jurisdiction to reply to the questions referred for a preliminary ruling by the Juzgado de lo Social No1 de Córdoba (Spain) by decision of 27February 2012.