Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 09/14/2016

Subject: According to the Court, the framework agreement on fixed-term work, set out in the annex to Council Directive 1999/70/EC, precludes national legislation from being applied by the national courts of the Member State concerned in such a manner that, in the event of abuse resulting from the use of successive fixed-term employment contracts, a right to maintain the employment relationship is granted to persons employed by the authorities under an employment contract governed by the rules of employment law, but that right is not conferred, in general, on staff employed by those authorities under administrative law, unless there is another effective measure in the national law to penalise such abuses with regard to the latter staff, which it is for the national court to determine. Moreover, the Court affirmed that the provisions of the framework agreement preclude national procedural rules which require a fixed-term worker to bring a new action in order to determine the appropriate penalty where abuse resulting from the use of successive fixed-term employment contracts has been established by a judicial authority, to the extent that it results in procedural disadvantages for that worker, in terms, inter alia, of cost, duration and the rules of representation, liable to render excessively difficult the exercise of the rights conferred on him by EU law

Parties: Martínez Andrés

Classification: Solidarity - Art. 28 Rights of workers, employers and their organisations: organisation - Justice - Art. 47 Justice: remedy

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