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Case C-72/18: Judgment of the Court (Second Chamber) of 20 June 2019 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo de Pamplona — Spain) — Daniel Ustariz Aróstegui v Departamento de Educación del Gobierno de Navarra (Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4(1) — Principle of non-discrimination — Public sector education — National provision granting particular additional remuneration only to teachers employed for an indefinite duration as established public officials — Exclusion of teachers employed under a fixed-term contract governed by public law — Concept of ‘objective grounds’ - Characteristics inherent in the status of established public official)
ECLI:EU:UNKNOWN:62018CA0072
62018CA0072
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12.8.2019
Official Journal of the European Union
C 270/10
(Case C-72/18) (<span class="super note-tag">1</span>)
(Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4(1) - Principle of non-discrimination - Public sector education - National provision granting particular additional remuneration only to teachers employed for an indefinite duration as established public officials - Exclusion of teachers employed under a fixed-term contract governed by public law - Concept of ‘objective grounds’ - Characteristics inherent in the status of established public official)
(2019/C 270/11)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: Daniel Ustariz Aróstegui
Defendant: Departamento de Educación del Gobierno de Navarra
Operative part of the judgment
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 a national provision, such as that at issue in the main proceedings, which restricts entitlement to particular additional remuneration to teachers employed for an indefinite duration as established public officials, to the exclusion of, in particular, teachers employed under fixed-term contracts governed by public law, if the completion of a certain period of service is the only condition for grant of that additional remuneration.
(<span class="note">1</span>) OJ C 161, 7.5.2018.