“In its preliminary ruling, the Court of Justice of the European Union (CJEU) delivered a judgement concerning the principle of non-discrimination and the improper use of fixed term contracts. In its judgement, the CJEU confirmed the importance of eliminating discrimination between part-time workers and full-time workers, and the requirement on Member States to adopt effective measures to prevent the abuse of successive fixed-term employment contracts.
In the dispute concerning this preliminary ruling, the complainant (PG) argues that magistrates and ordinary judges carry out identical tasks, and seeks a declaration that he is entitled to the legal status of a public sector employee, on a full-time or part-time basis, within the judiciary. PG also seeks an order for reinstatement of his financial, social security and pension rights.
The first point of law addressed by the CJEU pertained to Article 7 of Directive 2003/88 and Clause 4 of both the framework agreement on part-time work and the framework agreement on fixed-term work.
The CJEU first reiterated that, as established in its judgment of 16 July 2020, Governo della Repubblica italiana (Status of Italian magistrates) (C 658/18, EU:C:2020:572), the concept of ‘fixed-term worker’ referred to in Clause 2(1) of the framework agreement on fixed-term work, must be interpreted as encompassing a magistrate appointed for a limited period who, in the context of his or her duties, performs real and genuine services which are neither purely marginal nor ancillary, and for which he or she receives compensation representing remuneration, which is, however, for the referring court to verify. [Para. 30].”