Keywords
Summary

Keywords

1. International agreements - Agreements concluded by the Community - Direct effect - Conditions - First indent of Article 37(1) of the Association Agreement between the Communities and Poland

(Association Agreement between the Communities and Poland, Art. 37(1), first indent)

2. International agreements - Association Agreement between the Communities and Poland - Workers - Equal treatment - Conditions of employment - Exemption, exclusively for foreign-language assistants, from the obligation to justify recourse to fixed-term contracts of employment by objective reasons - Not permissible

(Association Agreement between the Communities and Poland, Art. 37(1), first indent)

3. International agreements - Association Agreement between the Communities and Poland - Workers - Equal treatment - First indent of Article 37(1) of the Association Agreement - Temporal application

(Association Agreement between the Communities and Poland, Art. 37(1), first indent)

Summary

1. The first indent of Article 37(1) of the Europe Agreement between the Communities and Poland, which lays down, in clear, precise and unconditional terms, a prohibition preventing each Member State from discriminating in relation to its own nationals, on grounds of their nationality, against Polish nationals as far as their conditions of employment, remuneration and dismissal are concerned, has direct effect. This rule of equal treatment lays down a precise obligation to produce a specific result and, by its nature, can be relied on by an individual to apply to a national court to set aside the discriminatory provisions of a Member State's legislation, without any further implementing measures being required for that purpose.

( see paras 21, 22, 30, 45, and operative part 1 )

2. The first indent of Article 37(1) of the Europe Agreement, which lays down a prohibition preventing each Member State from discriminating in relation to its own nationals, on grounds of their nationality, against Polish nationals as far as their conditions of employment, remuneration and dismissal are concerned, precludes the application to Polish nationals of a national provision according to which positions for foreign-language assistants may be filled by means of fixed-term contracts of employment, whereas, for other teaching staff performing special duties, recourse to such contracts must be individually justified by an objective reason.

( see para. 45, and operative part 1 )

3. The first indent of Article 37(1) of the Europe Agreement, which lays down a prohibition preventing each Member State from discriminating in relation to its own nationals, on grounds of their nationality, against Polish nationals as far as their conditions of employment, remuneration and dismissal are concerned, applies, from the date of entry into force of that agreement, to a fixed-term contract of employment which was concluded prior to the date of its entry into force but which is due to expire after that date.

( see para. 57, and operative part 2 )