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Case C-226/21: Order of the Court (Eighth Chamber) of 13 December 2021 (request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo No 1 de Toledo — Spain) — KQ v Servicio de Salud de Castilla-La Mancha (SESCAM) (Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Principle of non-discrimination — Concept of ‘employment conditions’ — Exemption from providing on-call medical services on the grounds of age granted solely to permanent workers)
ECLI:EU:UNKNOWN:62021CB0226
62021CB0226
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14.3.2022
Official Journal of the European Union
C 119/14
(Case C-226/21) (*)
(Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Principle of non-discrimination - Concept of ‘employment conditions’ - Exemption from providing on-call medical services on the grounds of age granted solely to permanent workers)
(2022/C 119/19)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: KQ
Defendant: Servicio de Salud de Castilla-La Mancha (SESCAM)
Operative part of the order
Clause 4(1) of the framework agreement on fixed-term work, concluded on 18 March 1999, which is set out 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 precluding national legislation pursuant to which the right to an exemption from providing on-call services is granted to permanent workers but not to fixed-term workers.
(*) Date lodged: 8 April 2021.