Case C‑117/14

Grima Janet Nisttahuz Poclava

v

Jose María Ariza Toledano

(Request for a preliminary ruling from the Juzgado de lo Social No 23 de Madrid)

‛Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — National legislation providing for an employment contract of indefinite duration with a probationary period of one year — Implementation of EU law — None — Lack of jurisdiction of the Court’

Summary — Judgment of the Court (Tenth Chamber), 5 February 2015

1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Request for an interpretation of the Charter of Fundamental Rights of the European Union — National legislation which does not constitute a measure implementing EU law — Lack of jurisdiction of the Court

   (Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art. 51(1))

2. Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70 — Scope — Contract of indefinite duration to support entrepreneurs providing for a probationary period of one year — Not included

   (Council Directive 1999/70, Annex, clause 2, para. 3)

3. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Interpretation of provisions of international law that bind Member States outside the framework of EU law — Not included

   (Art. 267 TFEU)

1.  See the text of the decision.

   (see paras 28, 29, 38, 40, 41, 44)

2.  Directive 1999/70 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP and the Framework Agreement are applicable to all workers providing remunerated services in the context of a fixed-term employment relationship linking them to their employer. Under Clause 2(1) of the Framework Agreement, that agreement applies to fixed-term workers who have an employment contract or employment relationship as defined in law, collective agreements or practice in each Member State.

   In accordance with the definitions laid down in Clause 3 of that agreement, ‘fixed-term worker’ means ‘a person having an employment contract or relationship entered into directly between an employer and a worker where the end of the employment contract or relationship is determined by objective conditions such as reaching a specific date, completing a specific task, or the occurrence of a specific event’.

   A contract such as the ‘employment contract of indefinite duration to support entrepreneurs’ provided for under the national law and characterised by the fact that it is concluded for an indefinite duration and is governed by statutory provisions and by collective agreements applicable to contracts of indefinite duration, with the sole exception of the duration of the probationary period, is not a fixed-term contract falling within the scope of Directive 1999/70. A probationary period essentially makes it possible for a worker’s aptitude and skills to be checked, whilst a fixed-term employment contract is used if the end of the employment contract or relationship is determined by objective conditions.

   (see paras 31-34, 36, 38)

3.  See the text of the decision.

   (see para. 43)

Case C‑117/14

Grima Janet Nisttahuz Poclava

v

Jose María Ariza Toledano

(Request for a preliminary ruling from the Juzgado de lo Social No 23 de Madrid)

‛Reference for a preliminary ruling — Charter of Fundamental Rights of the European Union — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — National legislation providing for an employment contract of indefinite duration with a probationary period of one year — Implementation of EU law — None — Lack of jurisdiction of the Court’

Summary — Judgment of the Court (Tenth Chamber), 5 February 2015

1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Request for an interpretation of the Charter of Fundamental Rights of the European Union — National legislation which does not constitute a measure implementing EU law — Lack of jurisdiction of the Court

   (Art. 267 TFEU; Charter of Fundamental Rights of the European Union, Art. 51(1))

2. Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70 — Scope — Contract of indefinite duration to support entrepreneurs providing for a probationary period of one year — Not included

   (Council Directive 1999/70, Annex, clause 2, para. 3)

3. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Interpretation of provisions of international law that bind Member States outside the framework of EU law — Not included

   (Art. 267 TFEU)

1.  See the text of the decision.

   (see paras 28, 29, 38, 40, 41, 44)

2.  Directive 1999/70 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP and the Framework Agreement are applicable to all workers providing remunerated services in the context of a fixed-term employment relationship linking them to their employer. Under Clause 2(1) of the Framework Agreement, that agreement applies to fixed-term workers who have an employment contract or employment relationship as defined in law, collective agreements or practice in each Member State.

   In accordance with the definitions laid down in Clause 3 of that agreement, ‘fixed-term worker’ means ‘a person having an employment contract or relationship entered into directly between an employer and a worker where the end of the employment contract or relationship is determined by objective conditions such as reaching a specific date, completing a specific task, or the occurrence of a specific event’.

   A contract such as the ‘employment contract of indefinite duration to support entrepreneurs’ provided for under the national law and characterised by the fact that it is concluded for an indefinite duration and is governed by statutory provisions and by collective agreements applicable to contracts of indefinite duration, with the sole exception of the duration of the probationary period, is not a fixed-term contract falling within the scope of Directive 1999/70. A probationary period essentially makes it possible for a worker’s aptitude and skills to be checked, whilst a fixed-term employment contract is used if the end of the employment contract or relationship is determined by objective conditions.

   (see paras 31-34, 36, 38)

3.  See the text of the decision.

   (see para. 43)