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Document 62019CO0483
Order of the Court (Eighth Chamber) of 11 December 2019.
Ville de Verviers v J.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social policy — Directive 1999/70/EC — Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work — Clause 2 — Scope of the Framework Agreement — Possibility for Member States to exclude initial vocational training relationships and apprenticeship schemes and employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme — Consequences).
Case C-483/19.
Order of the Court (Eighth Chamber) of 11 December 2019.
Ville de Verviers v J.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social policy — Directive 1999/70/EC — Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work — Clause 2 — Scope of the Framework Agreement — Possibility for Member States to exclude initial vocational training relationships and apprenticeship schemes and employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme — Consequences).
Case C-483/19.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:C:2019:1081
Order of the Court (Eighth Chamber) of 11 December 2019 — Ville de Verviers
(Case C‑483/19) ( 1 )
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Social policy — Directive 1999/70/EC — Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work — Clause 2 — Scope of the Framework Agreement — Possibility for Member States to exclude initial vocational training relationships and apprenticeship schemes and employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme — Consequences)
1. |
Questions referred for a preliminary ruling — Questions the answer to which may be clearly deduced from the Court’s existing case-law — Application of Article 99 of the Rules of Procedure (Art. 267 TFU; Rules of Procedure of the Court of Justice, Art. 99) (see paras 18, 19) |
2. |
Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70 — Scope — Employment contract or relationship defined by the legislation or national practices — National legislation excluding a certain category of contracts from the scope of the directive — Whether permissible — Condition — Obligation to adopt national measures of such a nature as to guarantee workers coming within that category of contracts observance of the objectives sought by the framework agreement — None (Council Directive 1999/70, Annex, Clause 2, paragraphs 1 and 2(b)) (see paras 21-26, 29, operative part) |
Operative part
Clause 2(2)(b) of the framework agreement on fixed-term work annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP must be interpreted as not precluding that a national legislature which, in accordance with the power granted to it under that provision, excluded from the scope of the national legislation transposing Directive 1999/70 and the framework agreement a certain category of contracts, be exempted from adopting national measures so as to provide a guarantee to workers covered by that category of contract that the objectives pursued by the framework agreement will be respected.
( 1 ) OJ C 288, 26.8.2019.