Summary
European Court of Justice (ECJ), May 29, 2017Case C-315/17, Fixed-term work
<p>Pilar Centeno Meléndez – v – Universidad de Zaragoza, reference lodged by the Juzgado de lo Contencioso-Administrativo de Zaragoza (Spain) on 29 May 2017</p>
- Is Clause 4(1) of the Framework Agreement annexed to Council Directive 1999/70/EC of 28 June applicable to the horizontal career increment claimed by the applicant, on the basis that it is an employment condition, or, rather, does the increment constitute an element of remuneration with the characteristics described in the present order that depends on the subjective qualities of the recipient which have been gained by working for a number of years under a system based on increasing levels of difficulty and responsibility and on continuity, specialisation and professionalism?
- If the previous question is answered in the affirmative and the Court of Justice considers [the increment] to be an employment condition for the purposes of Clause 4(1) of the Framework Agreement, is the difference in remuneration justified on objective grounds?