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Document 62021CA0192
Case C-192/21: Judgment of the Court (Seventh Chamber) of 30 June 2022 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León — Spain) — Clemente v Comunidad de Castilla y León (Dirección General de la Función Pública) (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 — Failure to take into account the services provided by an interim civil servant who has become a career civil servant for the purpose of consolidating his or her personal grade — Assimilation of those services to those provided by a career civil servant — Concept of ‘objective grounds’ — Taking into account the period of service for the purpose of acquiring the status of career civil servant — Structure of the vertical progression of career civil servants under national legislation)
Case C-192/21: Judgment of the Court (Seventh Chamber) of 30 June 2022 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León — Spain) — Clemente v Comunidad de Castilla y León (Dirección General de la Función Pública) (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 — Failure to take into account the services provided by an interim civil servant who has become a career civil servant for the purpose of consolidating his or her personal grade — Assimilation of those services to those provided by a career civil servant — Concept of ‘objective grounds’ — Taking into account the period of service for the purpose of acquiring the status of career civil servant — Structure of the vertical progression of career civil servants under national legislation)
Case C-192/21: Judgment of the Court (Seventh Chamber) of 30 June 2022 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León — Spain) — Clemente v Comunidad de Castilla y León (Dirección General de la Función Pública) (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 — Failure to take into account the services provided by an interim civil servant who has become a career civil servant for the purpose of consolidating his or her personal grade — Assimilation of those services to those provided by a career civil servant — Concept of ‘objective grounds’ — Taking into account the period of service for the purpose of acquiring the status of career civil servant — Structure of the vertical progression of career civil servants under national legislation)
OJ C 318, 22.8.2022, p. 13–13
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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22.8.2022 |
EN |
Official Journal of the European Union |
C 318/13 |
Judgment of the Court (Seventh Chamber) of 30 June 2022 (request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León — Spain) — Clemente v Comunidad de Castilla y León (Dirección General de la Función Pública)
(Case C-192/21) (1)
(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 - Failure to take into account the services provided by an interim civil servant who has become a career civil servant for the purpose of consolidating his or her personal grade - Assimilation of those services to those provided by a career civil servant - Concept of ‘objective grounds’ - Taking into account the period of service for the purpose of acquiring the status of career civil servant - Structure of the vertical progression of career civil servants under national legislation)
(2022/C 318/17)
Language of the case: Spanish
Referring court
Tribunal Superior de Justicia de Castilla y León
Parties to the main proceedings
Applicant: Mr Clemente
Defendant: Comunidad de Castilla y León (Dirección General de la Función Pública)
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, precludes national legislation under which, for the purposes of consolidating a personal grade, account is not taken of services which a career civil servant provided as an interim civil servant before he or she acquired the status of career civil servant.