Judgment — ECLI:EU:C:2011:129
Date: 2011-03-10
Language of the case: German
Court formation: Second Chamber
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment Social policy – ETUC, UNICE and CEEP Framework agreement on fixed-term work – Directive 1999/70 – Measures to prevent abuse of successive fixed-term contracts – National legislation including effective measures to avoid and penalise such abuse – Concept of ‘a close objective connection with a previous employment contract of indefinite duration concluded with the same employer’ – Duty of the national court to interpret national law in accordance with Union law (Council Directive 1999/70, Annex, Clause 5, Point 1) Clause 5(1) of the Framework agreement on fixed-term work annexed to Directive 1999/70 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP must be interpreted as meaning that the concept of ‘a close objective connection with a previous employment contract of indefinite duration concluded with the same employer’, provided for in national legislation, must be applied to situations in which a fixed-term contract has not been immediately preceded by a contract of indefinite duration concluded with the same employer and an interval of several years separates those contracts, when, for that entire period, the initial employment relationship continued for the same activity, with the same employer, by means of an uninterrupted succession of fixed-term contracts. It is for the national court, to the fullest extent possible, to interpret the relevant provisions of national law in such a way as to comply with clause 5(1) of the Framework Agreement. (see para. 57, operative part)