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Case Law C-444/09, C-456/09 (21/12/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 12/21/2010

Subject: The Court affirmed that a member of the interim staff of the Autonomous Community of Galicia, falls within the scope ratione personae of Council Directive 1999/70/EC. The length-of-service increment in the main proceedings is, as an employment condition, covered by clause 4(1) of the framework agreement on fixed-term work annexed to this Directive. Consequently, fixed-term workers may contest treatment which, with regard to payment of that increment, is less favourable than that which is given to permanent workers in a comparable situation and for which there is no objective justification. The temporary nature of the employment relationship of certain public servants is not, in itself, capable of constituting an objective ground within the meaning of that clause of the framework agreement. The clause is unconditional and sufficiently precise to be able to rely on it against the State before a national court in order to obtain recognition of the entitlement to length-of-service increments in respect of the period starting with the date by which Member States should have transposed Directive 1999/70 and ending with the date of entry into force of the national law transposing it. Moreover it has to be interpreted in the sense of giving to the right to payment of the increments a retrospective effect to the date by which the Member States should have transposed Directive 1999/70.

Parties: Gaviero

Classification: Equality - Art. 21 Non discrimination

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