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Case C-273/10: Order of the Court of 18 March 2011 (reference for a preliminary ruling from the Tribunal Superior de Justicia de la Comunidad Valenciana (Spain)) — David Montoya Medina v Fondo de Garantia Salarial and Universidad de Alicante (Article 104(3) of the Rules of Procedure — Social policy — Directive 1999/70/EC — Clause 4 of the Framework Agreement on fixed-term work — Fixed-term employment contracts in the public sector — Entitlement to triennial seniority bonuses — Principle of non-discrimination)
ECLI:EU:UNKNOWN:62010CB0273
62010CB0273
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25.6.2011
Official Journal of the European Union
C 186/10
(Case C-273/10) (<span class="super">1</span>)
(Article 104(3) of the Rules of Procedure - Social policy - Directive 1999/70/EC - Clause 4 of the Framework Agreement on fixed-term work - Fixed-term employment contracts in the public sector - Entitlement to triennial seniority bonuses - Principle of non-discrimination)
2011/C 186/16
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: David Montoya Medina
Defendants: Fondo de Garantia Salarial and Universidad de Alicante
Re:
Reference for a preliminary ruling — Tribunal Superior de Justicia de la Comunidad Valenciana — Interpretation of Clause 4(4) of 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 (OJ 1999 L 175, p. 43) — Contracts of employment as a university lecturer and researcher concluded with State universities — Exclusion of certain benefits from fixed-term contracts
Operative part of the order
Clause 4(1) of the Framework Agreement on fixed-term work, concluded on 18 March 1999, which is annexed 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 precluding national legislation which, without any objective justification, restricts the right to receive a seniority bonus to university lecturers on permanent contracts, excluding lecturers on fixed-term contracts where, as regards receipt of that bonus, those two categories of workers are in comparable situations.
(<span class="note">1</span>) OJ C 221, 14.8.2010.