# C_2013313EN.01000702.xml

| 26.10.2013 | EN | Official Journal of the European Union | C 313/7 |
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26.10.2013

EN

Official Journal of the European Union

C 313/7

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Request for a preliminary ruling from the Corte Costituzionale (Italy) lodged on 23 July 2013 — Napolitano and Others v Ministero dell’Istruzione, dell’Università e della Ricerca

(Case C-418/13)

2013/C 313/13

Language of the case: Italian

Referring court

Referring court

Corte Costituzionale

Parties to the main proceedings

Parties to the main proceedings

Applicants: Carla Napolitano, Salvatore Vittorio Perrella, Gaetano Romano, Donatella Cittadino, Gemma Zangari

Applicants:

Defendant: Ministero dell’Istruzione, dell’Università e della Ricerca

Defendant:

Questions referred

Questions referred

| 1. | Must clause 5(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP annexed to Council Directive No 1999/70/EC (1) be interpreted as precluding the application of Article 4(1) infine and (11) of Law No 124 of 3 May 1999 adopting urgent provisions concerning school employees (Legge No 124, disposizioni urgenti in material di personale scolastico) which, after laying down rules on the allocation of annual replacements for ‘posts that are in fact vacant and free by 31 December’, goes on to provide that this is to be done by allocating annual replacements ‘pending the completion of competition procedures for the recruitment of permanent members of the teaching staff’ — a provision that permits fixed-term contracts to be used without a definite period being fixed for completing the competition, and in a clause that provides no right to compensation for damage? |
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1.

Must clause 5(1) of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP annexed to Council Directive No 1999/70/EC (1) be interpreted as precluding the application of Article 4(1) infine and (11) of Law No 124 of 3 May 1999 adopting urgent provisions concerning school employees (Legge No 124, disposizioni urgenti in material di personale scolastico) which, after laying down rules on the allocation of annual replacements for ‘posts that are in fact vacant and free by 31 December’, goes on to provide that this is to be done by allocating annual replacements ‘pending the completion of competition procedures for the recruitment of permanent members of the teaching staff’ — a provision that permits fixed-term contracts to be used without a definite period being fixed for completing the competition, and in a clause that provides no right to compensation for damage?

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infine

| 2. | Do the requirements of the organisation of the Italian school system set out above constitute objective reasons within the meaning of clause 5(1) of Directive No 1999/70/EC of 28 June 1999 of such a kind as to render compatible with the law of the European Union legislation, such as the Italian legislation, that does not provide a right to compensation for damage in respect of the appointment of school staff on fixed-term contracts? |
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2.

Do the requirements of the organisation of the Italian school system set out above constitute objective reasons within the meaning of clause 5(1) of Directive No 1999/70/EC of 28 June 1999 of such a kind as to render compatible with the law of the European Union legislation, such as the Italian legislation, that does not provide a right to compensation for damage in respect of the appointment of school staff on fixed-term contracts?

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(1)  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).

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