The High Court of Justice of the Valencian Community has recognised the right of the interim staff of the Generalitat Valenciana, specifically, of the interim pharmacists dependent on the Regional Ministry of Health, to receive the salary supplement retroactively and under the same conditions as the career civil servants of the autonomous administration.

This ruling is the result of the work carried out by Andersen's administrative law team which, with the support of the Official College of Pharmacists of Valencia, has achieved this pioneering decision.

The ruling handed down on 3rd February is the first of the high regional court to recognise the right to receive the horizontal career allowance with retroactive effect. The Court recognises that interim civil servants acquired this right at the same time as career civil servants.

The Court confirms that the temporary nature of the contract does not justify discrimination against interim civil servants, since they occupy the same jobs as career civil servants, perform the same functions and are subject to the same training and experience requirements. The Court incorporates the doctrine of the Supreme Court and the Court of Justice of the European Union prohibiting discrimination against interim civil servants on the sole ground of the temporary nature of their contract.

The Court opens the door for interim civil servants to claim payment of the salary supplements that they have not received in the last four years and it is expected that, in the coming months, there will be a succession of judgments confirming this first ruling.