Case C-574/16: Judgment of the Court (Grand Chamber) of 5 June 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Grupo Norte Facility SA v Angel Manuel Moreira Gómez (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 — Definition of ‘employment conditions’ — Comparability of situations — Justification — Definition of ‘objective grounds’ — Compensation in the event of termination of a permanent employment contract on objective grounds — Lesser amount of compensation paid on expiry of a fixed-term ‘relief’ employment contract)
C2682018EN510120180605EN00055151
Judgment of the Court (Grand Chamber) of 5 June 2018 (request for a preliminary ruling from the Tribunal Superior de Justicia de Galicia — Spain) — Grupo Norte Facility SA v Angel Manuel Moreira Gómez
(Case C-574/16) ( 1 )
‛(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 — Definition of ‘employment conditions’ — Comparability of situations — Justification — Definition of ‘objective grounds’ — Compensation in the event of termination of a permanent employment contract on objective grounds — Lesser amount of compensation paid on expiry of a fixed-term ‘relief’ employment contract)’2018/C 268/05Language of the case: Spanish
Referring court
Tribunal Superior de Justicia de Galicia
Parties to the main proceedings
Appellant: Grupo Norte Facility SA
Respondent: Angel Manuel Moreira Gómez
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 not precluding national legislation under which the compensation paid to workers employed under fixed-term contracts entered into in order to cover working hours no longer covered as a result of a worker taking partial retirement, such as the relief contract at issue in the main proceedings, on expiry of the term for which those contracts were concluded, is less than the compensation awarded to permanent workers on termination of their employment contract on objective grounds.
( 1 ) OJ C 30, 30.1.2017.
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