# C_2020161EN.01002901.xml

| 11.5.2020 | EN | Official Journal of the European Union | C 161/29 |
| --- | --- | --- | --- |

11.5.2020

EN

Official Journal of the European Union

C 161/29

---

Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 27 January 2020 — Autorità di Regolazione per Energia Reti e Ambiente (ARERA) v PC, RE

(Case C-44/20)

(2020/C 161/38)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicant: Autorità di Regolazione per Energia Reti e Ambiente (ARERA)

Defendants: PC, RE

Questions referred

| (a) | Must clause 4 of the framework agreement on fixed-term work, concluded on 18 March 1999 and annexed to Council Directive 1999/70/EC of 28 June 1999, (1) be construed as requiring that the periods of service carried out by a fixed-term worker employed by the Authority, in duties which coincide with those of a permanent employee in the corresponding category of that authority, be taken into account to determine his or her length of service, even where his or her subsequent permanent recruitment takes place further to an open competition, and notwithstanding the specific features of the open competition procedure, which, for the reasons already stated, leads to a complete novation of the relationship and, with an interruption acknowledged by the participant in the open competition procedure, to a new relationship characterised by official recruitment, special obligations and the special features of greater permanency? |
| --- | --- |

(a)

Must clause 4 of the framework agreement on fixed-term work, concluded on 18 March 1999 and annexed to Council Directive 1999/70/EC of 28 June 1999, (1) be construed as requiring that the periods of service carried out by a fixed-term worker employed by the Authority, in duties which coincide with those of a permanent employee in the corresponding category of that authority, be taken into account to determine his or her length of service, even where his or her subsequent permanent recruitment takes place further to an open competition, and notwithstanding the specific features of the open competition procedure, which, for the reasons already stated, leads to a complete novation of the relationship and, with an interruption acknowledged by the participant in the open competition procedure, to a new relationship characterised by official recruitment, special obligations and the special features of greater permanency?

| (b) | If the answer to question (a) above is in the affirmative, must the past length of service be recognised in full, or are there objective grounds to differentiate the recognition criteria as regards full recognition on the basis of the abovementioned special features? |
| --- | --- |

(b)

If the answer to question (a) above is in the affirmative, must the past length of service be recognised in full, or are there objective grounds to differentiate the recognition criteria as regards full recognition on the basis of the abovementioned special features?

| (c) | If the answer to question (b) above is in the negative, on the basis of which criteria must the length of service that is capable of being recognised be calculated in order for that length of service not to be discriminatory? |
| --- | --- |

(c)

If the answer to question (b) above is in the negative, on the basis of which criteria must the length of service that is capable of being recognised be calculated in order for that length of service not to be discriminatory?

---

(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).

---