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

(Case C-273/10)

Article 104(3) of the Rules of Procedure – Social policy – Directive 1999/70/EC – Clause 4 of the Framework Agreement on fixed-term work – Fixed-term employment contracts in the public sector – Entitlement to triennial seniority bonuses – Principle of non-discrimination

1.                     Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Conditions of employment – Definition – Seniority bonus – Included – Duty to apply the principle of non-discrimination (Council Directive 1999/70, Annex, clause 4(1)) (see paras 32-34)

2.                     Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Workers doing the same work – ‘Same work’ – Meaning – Workers in a similar situation – Criteria for assessment (Council Directive 1999/70, Annex, clause 3(2)) (see paragraphs 36-39)

3.                     Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Objective reasons warranting different treatment – Meaning (Council Directive 1999/70, Annex, clause 4(1)) (see paragraphs 34, 37, 40-43, 47, operative part)

Re:

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.