Request for a preliminary ruling from the Tribunale di Milano (Italy) lodged on 11 October 2024 – UX v Fondazione Teatro alla Scala di Milano

(Case C-668/24, Fondazione Teatro alla Scala di Milano)

(C/2025/528)

Language of the case: Italian

Referring court

Tribunale di Milano

Parties to the main proceedings

Appellant: UX

Respondent: Fondazione Teatro alla Scala di Milano

Question referred

[Must] Clauses 4 and 5 of the framework agreement on fixed-term work concluded on 18 March 1999, which is set out in the annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, (1) be interpreted as precluding national legislation, such as that at issue in the main proceedings, as interpreted by the Suprema Corte di Cassazione a Sezioni Unite (Supreme Court of Cassation, sitting in Joined Chambers) in judgments Nos 5542 and 5556/2023, pursuant to which the rules of ordinary law governing employment relationships and intended to penalise the misuse of successive fixed-term contracts by the automatic transformation of the fixed-term contract where there is a wrongful repeated renewal of fixed-term contracts are not applicable to the sector of activity of operatic and orchestral foundations, where the measure provided for in that sector, in contrast to economic sectors generally, consists in compensation, albeit under a simplified burden of proof that may be satisfied through presumptions alone, and even where provision has been made for directors to be held liable in cases of intentional fault or gross negligence?

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(1)   OJ 1999 L 175, p. 43.