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Case C-367/18: Order of the Court (Second Chamber) of 12 June 2019 (request for a preliminary ruling from the Tribunal Supremo — Spain) — María Teresa Aragón Carrasco and Others v Administración del Estado (Reference for a preliminary ruling — Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Comparability of situations — Justification — Clause 5 — Compensation in the event of termination for an objective reason of an employment contract for an indefinite period — No compensation upon the termination of the post of workers employed as auxiliary staff)
ECLI:EU:UNKNOWN:62018CB0367
62018CB0367
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26.8.2019
Official Journal of the European Union
C 288/5
(Case C-367/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Article 53(2) and Article 99 of the Rules of Procedure of the Court of Justice - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Principle of non-discrimination - Comparability of situations - Justification - Clause 5 - Compensation in the event of termination for an objective reason of an employment contract for an indefinite period - No compensation upon the termination of the post of workers employed as auxiliary staff)
(2019/C 288/05)
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, Luis Salas Fernández (heir of Lucía Sánchez de la Peña)
Defendant: Administración del Estado
Operative part of the order
1.Clause 4, point 1, of the Framework agreement on fixed-term work, concluded on 18 March 1999, which is included in 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, must be interpreted as not precluding national legislation which does not provide for the payment of any compensation to workers employed as members of auxiliary staff performing duties consisting in positions of trust or involving the performance of special advisory functions, such as the workers at issue in the main proceedings, upon the termination at the employer’s discretion of their post, whereas compensation is allocated to staff employed under a contract for an indefinite period upon the termination of their employment contract for an objective reason.
2.The second and third questions referred by the Tribunal Supremo (Supreme Court, Spain) are manifestly inadmissible.
(<span class="note"> <a id="ntr1-C_2019288EN.01000501-E0001" href="#ntc1-C_2019288EN.01000501-E0001">*1</a> </span>) OJ C 294, 20.8.2018.