(Case C-367/18)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicants: María Teresa Aragón Carrasco, María Eugenia Cotano Montero, María Gloria Ferratges Castellanos, Raquel García Ferratges, Elena Muñoz Mora, Ángela Navas Chillón, Mercedes Noriega Bosch, Susana Rizo Santaella, Desamparados Sánchez Ramos, Lucía Santana Ruiz and Luis Salas Fernández (heir of Lucía Sánchez de la Peña),

Defendant: Administración del Estado

Questions referred

1.Must Clause 4 of the Framework Agreement on fixed-term work, set out in the Annex to Directive 1999/70, (1) be interpreted as meaning that it precludes the Spanish legislation which, in Article 12(3) of the Texto refundido del Estatuto [Básico] del Empleado Público (Real Decreto Legislativo [5]/2015, de 30 de octubre) (Consolidated text of the [Basic] Regulations governing public employees (Royal Legislative Decree [5]/2015 of 30 October)), provides for termination of appointment, at the discretion of the employer, without compensation and, conversely, in Article 49(1)(c) of the Texto refundido del Estatuto los Trabajadores (Real Decreto Legislativo 2/2015, de 23 de octubre) (Consolidated text of the Workers’ Statute (Royal Legislative Decree 2/2015 of 23 October)), provides for compensation when a contract of employment is terminated on account of certain legally specified reason(s)?

2.If the answer to Question 1 is in the negative, does Clause 5 of the Framework Agreement cover a measure such as that introduced by the Spanish legislature, consisting in fixing compensation of 12 days’ salary for every year of service, to be received by the worker at the end of a temporary contract even if the temporary employment has been limited to a single contract?

3.If the answer to the second question is in the affirmative, is it contrary to Clause 5 of the Framework Agreement where a legal provision grants fixed-term workers compensation of 12 days’ salary for every year of service at the end of the contract, but excludes from that compensation […] certain non-permanent staff (‘personal eventual’) upon the termination of their appointment at the employer’s discretion?

(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 1999 L 175, p. 43).