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Case C-270/22, Ministero dell’Istruzione and INPS: Judgment of the Court (First Chamber) of 30 November 2023 (request for a preliminary ruling from the Tribunale ordinario di Ravenna — Italy) — G.D., A.R., C.M. v Ministero dell’Istruzione, Istituto nazionale della previdenza sociale (INPS) (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 — Public sector — Teachers — Employment of fixed-term workers as career civil servants through recruitment based on qualifications — Determination of the period of service deemed accrued)
ECLI:EU:UNKNOWN:62022CA0270
62022CA0270
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Official Journal of the European Union
Series C
C/2024/698
(Case C-270/22, (<span class="oj-super oj-note-tag">1</span>) Ministero dell’Istruzione and INPS)
(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 - Public sector - Teachers - Employment of fixed-term workers as career civil servants through recruitment based on qualifications - Determination of the period of service deemed accrued)
(C/2024/698)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: G.D., A.R., C.M.
Defendants: Ministero dell’Istruzione, Istituto nazionale della previdenza sociale (INPS)
Operative part of the judgment
Clause 4 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 national legislation which, for the purposes of recognising the length of service of a worker upon his or her establishment in employment as a career civil servant, excludes periods of service completed under fixed-term employment contracts that do not amount to 180 days per academic year or that are not carried out continuously between 1 February and the end of the final assessment of the pupils, irrespective of the actual number of hours worked, and which limits to two thirds the taking into account of periods of service reaching those thresholds beyond four years, subject to reinstatement of the remaining third after a certain number of years of service.
ELI: http://data.europa.eu/eli/C/2024/698/oj
ISSN 1977-091X (electronic edition)
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Language of the case: Italian.
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