# C_2019103EN.01001201.xml

| 18.3.2019 | EN | Official Journal of the European Union | C 103/12 |
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18.3.2019

EN

Official Journal of the European Union

C 103/12

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Request for a preliminary ruling from the Monomeles Protodikeio Lasithiou (Greece) lodged on 4 December 2018 — M.V. and Others v Local Authority Municipality of Agios Nikolaos

(Case C-760/18)

(2019/C 103/11)

Language of the case: Greek

Referring court

Monomeles Protodikeio Lasithiou (Greece)

Parties to the main proceedings

Applicants: M.V. and Others

Defendant: Local Authority Municipality of Agios Nikolaos

Questions referred

| 1. | Would an interpretation of the provisions of national law enacted for the purpose of transposing into national law the framework agreement on fixed-term work concluded on 18 March 1999, as 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 (OJ 1999 L 175, p. 43) that excluded the automatic extension of fixed-term employment contracts of local authority cleansing department workers from the definition of ‘successive’ fixed-term employment contracts within the meaning of clauses 1 and 5(2) of that framework agreement, pursuant to an express legislative provision of national law such as that enacted in Article 167 of Law 4099/2012, on the ground that it involves the extension of an existing employment contract rather than the conclusion in writing of a new fixed-term employment contract, undermine the purpose and the practical effect of that framework agreement? |
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1.

Would an interpretation of the provisions of national law enacted for the purpose of transposing into national law the framework agreement on fixed-term work concluded on 18 March 1999, as 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 (OJ 1999 L 175, p. 43) that excluded the automatic extension of fixed-term employment contracts of local authority cleansing department workers from the definition of ‘successive’ fixed-term employment contracts within the meaning of clauses 1 and 5(2) of that framework agreement, pursuant to an express legislative provision of national law such as that enacted in Article 167 of Law 4099/2012, on the ground that it involves the extension of an existing employment contract rather than the conclusion in writing of a new fixed-term employment contract, undermine the purpose and the practical effect of that framework agreement?

| 2. | Where a practice is enacted and applied for the employment of local authority cleansing department workers that is contrary to the measures, to prevent the abuse that may arise from the use of successive fixed-term employment contracts, provided for under the measure harmonising national legislation with clause 5(1) of the framework agreement, would the obligation incumbent upon a national court to interpret national law in conformity with EU law extend to the application of a provision of national law, such as Article 8(3) of Law 2112/1920, as a pre-existing and still applicable equivalent legal measure, within the meaning of clause 5(1) of the framework agreement, that would allow the correct legal classification of successive fixed-term employment contracts used to cover the fixed and permanent needs of local authority cleansing departments as employment contracts of indefinite duration? |
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2.

Where a practice is enacted and applied for the employment of local authority cleansing department workers that is contrary to the measures, to prevent the abuse that may arise from the use of successive fixed-term employment contracts, provided for under the measure harmonising national legislation with clause 5(1) of the framework agreement, would the obligation incumbent upon a national court to interpret national law in conformity with EU law extend to the application of a provision of national law, such as Article 8(3) of Law 2112/1920, as a pre-existing and still applicable equivalent legal measure, within the meaning of clause 5(1) of the framework agreement, that would allow the correct legal classification of successive fixed-term employment contracts used to cover the fixed and permanent needs of local authority cleansing departments as employment contracts of indefinite duration?

| 3. | If the answer to the previous question is in the affirmative, would a provision of constitutional status such as that set out in Article 103(7) and (8) of the Greek Constitution, as revised in 2001, absolutely prohibiting the public sector from converting fixed-term employment contracts, concluded when the above provision was applicable, to contracts of indefinite duration, constitute an excessive restriction upon the obligation to interpret national law in conformity with EU law, by making it impossible to apply a pre-existing equivalent and still applicable legal measure of national law within the meaning of clause 5(1) of the framework agreement, such as Article 8(3) of Law 2112/1920, and by preventing the possibility of successive fixed-term employment contracts used to cover the fixed and permanent needs of local authority cleaning departments from being re-classified as contracts of indefinite duration following a correct classification of the lawful relationship during court proceedings, even if they cover fixed and permanent needs? |
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3.

If the answer to the previous question is in the affirmative, would a provision of constitutional status such as that set out in Article 103(7) and (8) of the Greek Constitution, as revised in 2001, absolutely prohibiting the public sector from converting fixed-term employment contracts, concluded when the above provision was applicable, to contracts of indefinite duration, constitute an excessive restriction upon the obligation to interpret national law in conformity with EU law, by making it impossible to apply a pre-existing equivalent and still applicable legal measure of national law within the meaning of clause 5(1) of the framework agreement, such as Article 8(3) of Law 2112/1920, and by preventing the possibility of successive fixed-term employment contracts used to cover the fixed and permanent needs of local authority cleaning departments from being re-classified as contracts of indefinite duration following a correct classification of the lawful relationship during court proceedings, even if they cover fixed and permanent needs?

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