Social policy C177/10

Case C-177/10, CJEU, Luxembourg, 7 April 2010, Francisco Javier Rosado Santana v Consejería de Justicia y Administración Pública de la Junta de Andalucía;

Ground: Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Application of the framework agreement to the civil service - Principle of non-discrimination.

The abstract of the Judgment

The case relates to the services rendered by a part time civil servant, that in a situation which is comparable to that of a career civil servant principally has to be considered while calculating his/her experience in the case of promotion.  Between 1989 and 2005, Mr. Rosado Santana was an interim civil servant in the administration of the Junta de Andalucía, Spain. He became a career civil servant in the same administration in 2005. In 2008, he was accepted for a promotion but on March 2009, this was annulled reasoning that he did not meet the required conditions, such as the receiving of the title ‘Bachiller Superior’ or alternatively to have 10 years of work experience as career civil servant at a certain level. Mr. Rosado Santana appealed the judgment claiming that the lack of consideration on the period of service as an interim civil servant, violated the principle of non-discrimination envisaged by the Framework Agreement on interim servants signed by ETUC, UNICE and CEEP as well as violated Directive 1999/70/EC that intended the application of this agreement.