Court of Justice 25 January 2018, C-96/17 (Gardenia Vernaza Ayovi v Consorci Sanitari de Terrassa.)

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The Advocate General's opinion addresses whether a fixed-term public sector worker, specifically Ms. Gardenia Vernaza Ayovi, is discriminated against under EU law when denied the right to reinstatement after unlawful dismissal, a right granted to permanent public servants. The opinion examines the applicability of the principle of non-discrimination as outlined in Directive 1999/70/EC and the Framework Agreement on fixed-term work, particularly in relation to Spanish law that differentiates between permanent and fixed-term employment contracts. Ultimately, the opinion underscores the need for the Court to determine if the exclusion of fixed-term workers from reinstatement rights constitutes unlawful discrimination under EU law.AI