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Document 62018CJ0103
Case C-103/18, C-429/18
Court of Justice
Status: In progress
Court of Justice
Status: In progress
/
DECISION
- Title
- Judgment of the Court (Second Chamber) of 19 March 2020. Domingo Sánchez Ruiz and Others v Comunidad de Madrid (Servicio Madrileño de Salud) and Consejería de Sanidad de la Comunidad de Madrid. Requests for a preliminary ruling from the Juzgado Contencioso-Administrativo de Madrid. References for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work – Clause 5 – Concept of ‘successive fixed-term employment contracts or relationships’ – Failure by the employer to respect the relevant legal deadline for definitively filling posts temporarily occupied by fixed-term workers – Implicit extension of the employment relationship from year to year – Occupation by a fixed-term worker of the same post in the context of two consecutive appointments – Concept of ‘objective reasons’ justifying the renewal of successive fixed-term employment contracts or relationships – Respect for the reasons for recruitment provided for by the national legislation – Concrete examination finding that the successive renewal of fixed-term employment relationships seeks to cover the employer’s permanent and regular staffing needs – Measures seeking to prevent and, where appropriate, to punish abuses resulting from the use of successive fixed-term employment contracts or relationships – Selection procedures seeking to definitively fill posts occupied temporarily by fixed-term workers – Conversion of the situation of fixed-term workers into ‘non-permanent workers of indefinite duration’ – Grant to the worker of compensation equal to that paid in the event of unfair dismissal – Applicability of the Framework Agreement despite the fact that the worker consented to successive renewals of fixed-term contracts – Clause 5(1) – Absence of obligation for national courts to disapply inconsistent national legislation. Joined Cases C-103/18 and C-429/18.
- ECLI identifier
- ECLI:EU:C:2020:219
- Judge-Rapporteur
- Arabadjiev
- Type of procedure
- Reference for a preliminary ruling,Reference for a preliminary ruling - inadmissible
19/03/2020
PROCEEDINGS
- Title
- Opinion of Advocate General Kokott delivered on 17 October 2019. Domingo Sánchez Ruiz and Others v Comunidad de Madrid (Servicio Madrileño de Salud) and Consejería de Sanidad de la Comunidad de Madrid. Requests for a preliminary ruling from the Juzgado Contencioso-Administrativo de Madrid. References for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work – Clause 5 – Concept of ‘successive fixed-term employment contracts or relationships’ – Failure by the employer to respect the relevant legal deadline for definitively filling posts temporarily occupied by fixed-term workers – Implicit extension of the employment relationship from year to year – Occupation by a fixed-term worker of the same post in the context of two consecutive appointments – Concept of ‘objective reasons’ justifying the renewal of successive fixed-term employment contracts or relationships – Respect for the reasons for recruitment provided for by the national legislation – Concrete examination finding that the successive renewal of fixed-term employment relationships seeks to cover the employer’s permanent and regular staffing needs – Measures seeking to prevent and, where appropriate, to punish abuses resulting from the use of successive fixed-term employment contracts or relationships – Selection procedures seeking to definitively fill posts occupied temporarily by fixed-term workers – Conversion of the situation of fixed-term workers into ‘non-permanent workers of indefinite duration’ – Grant to the worker of compensation equal to that paid in the event of unfair dismissal – Applicability of the Framework Agreement despite the fact that the worker consented to successive renewals of fixed-term contracts – Clause 5(1) – Absence of obligation for national courts to disapply inconsistent national legislation. Joined Cases C-103/18 and C-429/18.
- ECLI identifier
- ECLI:EU:C:2019:874
- Advocate General
- Kokott
17/10/2019