Opinion of the Advocate General — ECLI:EU:C:2005:569
Date: 2005-09-20
Language of the case: Italian
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Italy

Summary of the Judgment Social policy – ETUC, UNICE and CEEP framework agreement on fixed-term work – Directive 1999/70 (Council Directive 1999/70, Annex, clause 1(b) and 5) The framework agreement on fixed-term work, which is annexed to Directive 1999/70 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as not in principle precluding national legislation which, where there is abuse arising from the use of successive fixed-term employment contracts or relationships by a public-sector employer, precludes their being converted into contracts of indeterminate duration, even though such conversion is provided for in respect of employment contracts and relationships with a private-sector employer, where that legislation includes another effective measure to prevent and, where relevant, punish the abuse of successive fixed-term contracts by a public-sector employer. (see para. 57, operative part)