# C_2021182EN.01002601.xml

| 10.5.2021 | EN | Official Journal of the European Union | C 182/26 |
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10.5.2021

EN

Official Journal of the European Union

C 182/26

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Request for a preliminary ruling from the Sąd Rejonowy dla Krakowa — Nowej Huty w Krakowie (Poland) lodged on 18 December 2020 — KL v X sp. z o.o.

(Case C-715/20)

(2021/C 182/37)

Language of the case: Polish

Referring court

Sąd Rejonowy dla Krakowa — Nowej Huty w Krakowie

Parties to the main proceedings

Applicant: KL

Defendant: X sp. z o.o.

Questions referred

| 1. | Is Article 1 of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, (1) and also Clauses Nos 1 and 4 of that framework agreement, to be interpreted as precluding provisions of national law obliging employers to state in writing the reasons for a decision giving notice of termination of an employment contract only in relation to employment contracts of indefinite duration, and consequently subjecting to judicial review the well-foundedness of the reasons for the notice of termination of contracts of indefinite duration, without at the same time imposing such an obligation on employers (that is to say, an obligation to state the reasons justifying the notice of termination) in relation to fixed-term employment contracts (as a result of which only the issue of the compliance of the notice of termination with the provisions on termination of contracts is subject to judicial review)? |
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1.

Is Article 1 of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, (1) and also Clauses Nos 1 and 4 of that framework agreement, to be interpreted as precluding provisions of national law obliging employers to state in writing the reasons for a decision giving notice of termination of an employment contract only in relation to employment contracts of indefinite duration, and consequently subjecting to judicial review the well-foundedness of the reasons for the notice of termination of contracts of indefinite duration, without at the same time imposing such an obligation on employers (that is to say, an obligation to state the reasons justifying the notice of termination) in relation to fixed-term employment contracts (as a result of which only the issue of the compliance of the notice of termination with the provisions on termination of contracts is subject to judicial review)?

| 2. | May the parties to a dispute before a court of law, in which private parties appear on both sides, rely on Clause No 4 of the abovementioned framework agreement and the general EU-law principle of non-discrimination (Article 21 of the Charter of Fundamental Rights of the European Union), and consequently do the rules referred to above have horizontal effect? |
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2.

May the parties to a dispute before a court of law, in which private parties appear on both sides, rely on Clause No 4 of the abovementioned framework agreement and the general EU-law principle of non-discrimination (Article 21 of the Charter of Fundamental Rights of the European Union), and consequently do the rules referred to above have horizontal effect?

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(1)  OJ 1999 L 175, p. 43.

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