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Valentina R., lawyer
(Freedom of movement for workers - Discrimination on grounds of nationality - Category of ‘exchange assistants’ - Former foreign-language assistants - Recognition of acquired rights)
(2008/C 171/17)
Language of the case: Italian
Applicant: Nancy Delay
Defendant: Università degli studi di Firenze, Istituto nazionale della previdenza sociale (INPS), Repubblica italiana
Reference for a preliminary ruling — Interpretation of Article 39 EC — Recognition of the acquired rights of foreign-language assistants — Assistants employed pursuant to a cultural exchange agreement with other Member States (‘exchange assistants’) — Applicability of the principles flowing from Cases C-21/99 and C-119/04
It is contrary to Article 39(2) EC that, when a fixed-term contract of employment as an exchange assistant is replaced by a contract of employment for an indefinite period as a linguistic associate, a person in the position of the applicant in the main proceedings should be refused recognition of the rights acquired since the date of her first recruitment, with consequences with regard to remuneration, the account to be taken of seniority and the payment, by the employer, of contributions to a social security scheme, inasmuch as a national worker placed in a comparable situation would have been entitled to such recognition. It is for the national court to ascertain whether that is so in the case in the main proceedings.
(<span class="super">1</span>) OJ C 211, 8.9.2007.