Opinion of the Advocate General — ECLI:EU:C:2000:371
Date: 2000-07-06
Language of the case: Italian
Based on: Merger Treaty (1965)
Subject matter: Staff regulations and employment conditions - EC
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment 
Officials — Conditions of employment of other servants — Local staff — Fixed-term 
contract of employment — Conversion into contract for an indefinite period — Whether 
or not national legislation applicable 
(Conditions of employment of other servants, Art. 79) 
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SUMMARY — CASE C-126/99 
On a proper construction of Article 79 of 
the Conditions of employment of other 
servants of the European Communities, 
that provision precludes the possibility for 
a Community institution to conclude a 
fixed-term contract of employment with a 
member of its local staff where that is 
contrary to its own rules applicable to the 
conditions of employment of local staff and 
drawn up in accordance with the rules and 
practice of the State in which the duties are 
performed. 
With regard to a dispute concerning a local 
staff contract concluded by the European 
Training Foundation which applies the 
rules governing the conditions of employ­
ment of local staff serving in Italy adopted 
by the Commission, it is for the national 
court to determine whether, in accordance 
with Article 3 of those rules, the circum­
stances surrounding the work, or the nature 
of that work, make it necessary for the 
local-staff contract between the parties to 
the main proceedings to be concluded for a 
fixed term. If not, it is for the national court 
to convert that contract into a contract of 
employment for an indefinite period. 
(see para. 31 and operative part) 
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