The Administrative court of appeal of Marseille ruled that contractual public and private agents could be subject to different remuneration conditions

(CAA de MARSEILLE, 9ème chambre – formation à 3, 27/05/2016, 15MA02698, Inédit au recueil Lebon)

In the present case, the Administrative court of appeal of Marseille (Cour administrative d’appel de Marseille) had to decide on the issue concerning the violation of Directive 2000/78/EC, of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and the Charter of fundamental rights of the European Union (CFR).

In the present case, there was a question about a public contract agent of the French employment agency that exercised the functions of Employment Counsellor. She asked the Administrative court of Montpellier to sentence the French employment agency to compensate her for the damage which she claimed to have suffered because of the differences in treatment between public and private agents employed by this public institution.
The Administrative court of Montpellier rejected its application. Therefore, she lodged an appeal.
The Administrative court of appeal of Marseille rejected the appeal. On one hand, it decided that deciding that the private and public agents of the French employment agency were in different situations so that there was no violation of the principle of equity, the Administrative court of Montpellier had sufficiently justified its judgment in order to set aside the plea on the fact that the French employment agency had committed a mistake when not putting under the same remuneration conditions the contractual public and private agents. On the other hand, it rejected the plea concerning the violation of Article 18 and 26 of the International Covention on Civil and Political Rights, of Articles 9 and 14 of the ECHR and of the CFR.

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