Judgment of the Court (Tenth Chamber) of 3 July 2025 (request for a preliminary ruling from the Tribunale di Lecce – Italy) – ZT v Ministero dell’Istruzione e del Merito

(Case C-268/24,  (1) Lalfi  (2) )

(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 - Principle of non-discrimination - Allowance granted in the form of an electronic card, in order to support in-service training of teachers and to enhance their professional skills - No grant of that card to non-tenured teachers responsible for short-term supply teaching posts)

(C/2025/4560)

Language of the case: Italian

Referring court

Tribunale di Lecce

Parties to the main proceedings

Applicant: ZT

Defendant: Ministero dell’Istruzione e del Merito

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,

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.

(1)  OJ C, C/2024/4311.

(2)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.