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Case Law 44/2008 (03/03/2008)

Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte Costituzionale

Date: 03/03/2008

Subject: The Court states the unconstitutionality of art. 10, parr. 9 and 10, and of art. 11, par. 1, of the Law n. 368 of 6/09/2001, where it abrogates art. 23, par. 2, of the Law n. 56 of 28/02/1987 (Norms on the labour market’s organization), and of art. 11, par. 2 of the Law n. 368 of 6/09/2001, where it provides temporary norms with regard to art. 23, par. 2 of the Law n. 56 of 28/02/1987. The issue concerns the correct transposition of the Community directive on time contracts (1999/70/CE). The Court states that the impugned norms are contrary to art. 76 of the Constitution since the regulation given does not fall within the scope of the Community directive, as defined by the Court of Justice with decision 22 November 2005 in the case C-144/04 Mangold, nor in the scope of the delegation provided by Law n. 422 of 29/12/2000. Regarding the first issue, the decision has highlighted (points from 40 to 43) that clause n. 5 of the directive 1999/70/CE is limited to the “prevention of abuses deriving from continuous renewals of time contracts”. According to the Court, such clause does not operate when, as in this case, there is a succession of time contracts, to which none of the measures provided by the directive refer, in order to prevent those abuses (justification of the renewal; maximum extension of contracts; maximum number of contracts).

Parties: Umberto Novellis e Olearia Guinnicelli s.r.l.

Original language: Italian

Classification: Solidarity - General provisions - Art. 51 Scope

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