Court watch
European Court of Justice (ECJ), July 3, 2025ECJ 3 July 2025, case C-268/24 (Lalfi), fixed-term work
Summary
Clause 4(1) of the Framework Agreement on fixed-term work precludes national legislation which excludes non-tenured teachers employed under fixed-term contracts from an annual allowance to support in service-training.
Question
Must clause 4(1) of the Framework Agreement on fixed-term work be interpreted as precluding national legislation, as interpreted by a national supreme court, which reserves the benefit of an electronic card with a nominal value of EUR 500 per year, enabling the purchase of different goods and services intended to support the in-service training of teachers, to tenured teachers and non-tenured teachers who hold supply teaching posts for the duration of the academic year, to the exclusion of non-tenured teachers who hold short-term supply teaching posts?
Ruling
Clause 4(1) of the Framework Agreement on fixed-term work must be interpreted as precluding national legislation, as interpreted by a national supreme court, which reserves the benefit of an electronic card with a nominal value of EUR 500 per year, enabling the purchase of different goods and services intended to support the in-service training of teachers, to tenured teachers and non-tenured teachers who hold supply teaching posts for the duration of the academic year, to the exclusion of non-tenured teachers who hold short-term supply teaching posts, unless that exclusion is justified on objective grounds, within the meaning of that provision. The mere fact that the activity of the latter teachers is not intended to last until the end of the academic year does not constitute such an objective ground.