16 Mar European Court of Justice – March 2026
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 – Allowance granted in the form of an electronic card to support the in-service training of teachers and enhance their professional skills – Grant reserved to teachers employed on a permanent basis – Discrimination against teachers employed on a fixed-term basis – National case-law precluding the retrospective grant of the benefit in question to the teachers concerned where they are no longer employed in the school system – Substitution, under certain conditions, of a right to compensation for the harm suffered.
ECJ, 29 January 2026, Case C 654/24, Bariello.
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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 case-law under which, regarding an action brought by a teacher employed on a fixed-term basis to remedy the wrongful deprivation – on account of the application of national legislation that is contrary to that provision – of the benefit of a financial advantage in the amount of EUR 500 per year, granted by means of an electronic card enabling the purchase of goods and services intended to support the in-service training of teachers, first, the retrospective grant of that card is subject to the condition that that teacher is still employed in the school system and, second, if that card is not granted retrospectively, that teacher may only claim compensation for the harm suffered as a result of that failure to grant the card subject to compliance with certain specific conditions, provided that (i) all of those conditions also apply to teachers employed on a permanent basis who apply for the same card to be granted retrospectively, and (ii) the procedural rules governing the exercise of that right to compensation also comply with the principles of equivalence and effectiveness.
