Request for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo de Zaragoza (Spain) lodged on 29 May 2017 — Pilar Centeno Meléndez v Universidad de Zaragoza

(Case C-315/17)

Language of the case: Spanish

Referring court

Juzgado de lo Contencioso-Administrativo de Zaragoza

Parties to the main proceedings

Applicant: Pilar Centeno Meléndez

Defendant: Universidad de Zaragoza

Questions referred

Is Clause 4(1) of the Framework Agreement annexed to Council Directive 1999/70/EC of 28 June ¹ applicable to the horizontal career increment claimed by the applicant, on the basis that it is an employment condition, or, rather, does the increment constitute an element of remuneration with the characteristics described in the present order that depends on the subjective qualities of the recipient which have been gained by working for a number of years under a system based on increasing levels of difficulty and responsibility and on continuity, specialisation and professionalism?

If the previous question is answered in the affirmative and the Court of Justice considers [the increment] to be an employment condition for the purposes of Clause 4(1) of the Framework Agreement, is the difference in remuneration justified on objective grounds?

____________

¹ 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.