Order of the Court (Sixth Chamber) of 18 March 2011.#David Montoya Medina v Fondo de Garantía Salarial and Universidad de Alicante.#Reference for a preliminary ruling: Tribunal Superior de Justicia de la Comunidad Valenciana - Spain.#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.#Case C-273/10.

ECLI:EU:C:2011:167Eu Chamb 06 CMar 18, 2011

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Subject of the case
Operative part

Subject of the case

Re:

Reference for a preliminary ruling – Tribunal Superior de Justicia de la Comunidad Valenciana – Interpretation of clause 4(4) of the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) – Contracts of employment as a university lecturer and researcher concluded with State universities – Exclusion of certain benefits from fixed-term contracts.

Operative part

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.

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