# C_2021128EN.01000201.xml

| 12.4.2021 | EN | Official Journal of the European Union | C 128/2 |
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12.4.2021

EN

Official Journal of the European Union

C 128/2

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Judgment of the Court (Seventh Chamber) of 11 February 2021 (request for a preliminary ruling from the Monomeles Protodikeio Lasithiou — Greece) — M.V. and Others v Organismos Topikis Aftodioikisis (OTA) ‘Dimos Agiou Nikolaou’

(Case C-760/18) (1)

(Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term employment concluded by ETUC, UNICE and CEEP - Clause 5 - Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships - Fixed-term employment contracts in the public sector - Successive contracts or extended initial contract - Equivalent legal measure - Absolute constitutional prohibition on conversion of fixed-term employment contracts to contracts of indefinite duration - Obligation to interpret in conformity with EU law)

(2021/C 128/02)

Language of the case: Greek

Referring court

Monomeles Protodikeio Lasithiou

Parties to the main proceedings

Applicants: M.V. and Others

Defendant: Organismos Topikis Aftodioikisis (OTA) ‘Dimos Agiou Nikolaou’

Operative part of the judgment

| 1. | Clause 1 and Clause 5(2) of the framework agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as meaning that the expression ‘successive fixed-term employment contracts’ therein also covers the automatic extension of the fixed-term employment contracts of workers in the cleansing sector of local and regional authorities, which has taken place in accordance with express provisions of national law, notwithstanding the fact that the generally prescribed formal requirement that successive contracts be concluded in writing has been disregarded; |
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1.

Clause 1 and Clause 5(2) of the framework agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as meaning that the expression ‘successive fixed-term employment contracts’ therein also covers the automatic extension of the fixed-term employment contracts of workers in the cleansing sector of local and regional authorities, which has taken place in accordance with express provisions of national law, notwithstanding the fact that the generally prescribed formal requirement that successive contracts be concluded in writing has been disregarded;

| 2. | Clause 5(1) of the framework agreement on fixed-term work must be interpreted as meaning that, where abuse of successive fixed-term employment contracts, within the meaning of that provision, has occurred, the obligation incumbent on the referring court to undertake, to the fullest extent possible, an interpretation and an application of all the relevant provisions of domestic law capable of duly penalising that abuse and of nullifying the consequences of the breach of EU law extends to an assessment of whether the provisions of earlier national legislation, which remain in force, and which permit the conversion of a succession of fixed-term contracts to one employment contract of indefinite duration, may, where appropriate, be applied for the purposes of that interpretation in conformity with EU law, even though national constitutional provisions impose an absolute prohibition, in the public sector, on such conversion. |
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2.

Clause 5(1) of the framework agreement on fixed-term work must be interpreted as meaning that, where abuse of successive fixed-term employment contracts, within the meaning of that provision, has occurred, the obligation incumbent on the referring court to undertake, to the fullest extent possible, an interpretation and an application of all the relevant provisions of domestic law capable of duly penalising that abuse and of nullifying the consequences of the breach of EU law extends to an assessment of whether the provisions of earlier national legislation, which remain in force, and which permit the conversion of a succession of fixed-term contracts to one employment contract of indefinite duration, may, where appropriate, be applied for the purposes of that interpretation in conformity with EU law, even though national constitutional provisions impose an absolute prohibition, in the public sector, on such conversion.

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(1)  OJ C 103, 18.3.2019.

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