Request for a preliminary ruling from the Tribunal Superior de Justicia de Castilla y León (Spain) lodged on 26 March 2021 – Clemente v Comunidad de Castilla y León (Dirección General de la Función Pública)

(Case C-192/21)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Castilla y León

Parties to the main proceedings

Appellant: Clemente

Respondent: Comunidad de Castilla y León (Dirección General de la Función Pública)

Questions referred

Must the concept of ‘comparable permanent worker’ in Clause 4(1) of the framework agreement on fixed-term contracts concluded on 18 March 1999 between the general cross-industry organisations (ETUC, UNICE and CEEP) annexed to Council Directive 1999/70 of 28 June 1999 ¹ be interpreted as meaning that, for the purposes of consolidating a personal grade, a period of service as an interim civil servant undertaken by a permanent civil servant before he or she obtained permanent status must be accorded the same treatment as service undertaken by another career civil servant?

Must Clause 4(1) of the framework agreement on fixed-term contracts concluded on 18 March 1999 between the general cross-industry organisations (ETUC, UNICE and CEEP) annexed to Council Directive 1999/70 of 28 June 1999 be interpreted as meaning that both (i) the fact that the period in question has already been taken into account to enable the individual to become a career civil servant and (ii) the design of the civil service career progression arrangements established in national legislation, are objective grounds that justify why a period of service as an interim civil servant undertaken by a permanent civil servant before he or she obtained permanent status should not be taken into account for the purposes of consolidating the individual’s personal grade?

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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).