Full text

Order of the Court (Sixth Chamber) of 18 March 2011. – David Montoya Medina v Fondo de Garantía Salarial and Universidad de Alicante.

CELEX: 62010CO0273 · EN · EUR-Lex / CELLAR

Subject of the case
Operative part

Subject of the case

Re:

Reference for a preliminary ruling – Tribunal Superior de Justicia de la Comunidad Valenciana – Interpretation of clause 4(4) of 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 (OJ 1999 L 175, p. 43) – Contracts of employment as a university lecturer and researcher concluded with State universities – Exclusion of certain benefits from fixed-term contracts.

Operative part

Operative part:

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 national legislation which, without any objective justification, restricts the right to receive a seniority bonus to university lecturers on permanent contracts, excluding lecturers on fixed-term contracts when, as regards receipt of that bonus, those two categories of workers are in comparable situations.