Request for a preliminary ruling from the Εfeteio Athinon (Greece) lodged on 3 March 2021 – VP, CX, RG, TR and Others v Elliniko Dimosio

(Case C-133/21)

Language of the case: Greek

Referring court

Εfeteio Athinon

Parties to the main proceedings

Appellants: VP, CX, RG, TR and Others

Respondent: Elliniko Dimosio

Questions referred

Is national legislation, such as that at issue, which imposes different treatment for wage purposes on workers with fixed-term contracts within the meaning of clause 1 of Directive 1999/70/EC ¹ as compared to the comparable permanent worker, on the basis of the sole criterion of differentiation that their contracts are classified by their employer or by law as fixed-term contracts for work, compatible with clause 4 of Directive 1999/70/EC?

In particular, is national legislation under which different treatment of workers for wage purposes is justified on the ground that they provided their work under fixed-term contracts in the knowledge that they were covering fixed and permanent needs of the employer compatible with clause 4 of Directive 1999/70/EC?

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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.