Judgment of the Court (Sixth Chamber) of 15 March 2012 — Sibilio v Comune di Afragola

(Case C-157/11)

‛Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70/EC — Clause 2 — Concept of ‘an employment contract or relationship defined by law, collective agreements or practice in force in each Member State’ — Scope of the framework agreement — Clause 4, point 1 — Principle of non-discrimination — Persons carrying out ‘work of social utility’ with public authorities — National rule excluding the existence of an employment relationship — National rule establishing a difference between the benefit paid to socially useful workers and the remuneration received by workers engaged under a contract of definite and/or indefinite duration by the same public authorities and carrying out the same activities’

1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — General or hypothetical questions (Art. 267 TFEU) (see paras 30, 31)

2. Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70 — Scope — Contract or employment relationship defined in law or national practice (Council Directive 1999/70, Annex, Clause 2) (see paras 45, 49-58, operative part)

Re:

Reference for a preliminary ruling — Tribunale di Napoli — Interpretation of clauses 2, 3, 4 and 5 of the Annex to 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) — Principle of non-discrimination — Unemployed persons registered in mobility lists or as job seekers engaged by public authorities for a fixed term carrying out work of social utility/work of public utility (known as socially useful workers/publicly useful workers) — National legislation establishing a difference in treatment in terms of pay between socially useful workers/publicly useful workers and workers engaged under a contract of indefinite duration by the same public authorities performing the same duties.

Operative part

Clause 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 not precluding national legislation such as that at issue in the main proceedings, which provides that the relationship between socially useful workers and the public authorities for whom they carry out their activities does not fall within the scope of that framework agreement when, and which it is for the national court to determine, those workers are not covered by an employment relationship as defined by national law, collective agreements or practice in force, or the Member States and/or social partners have exercised the option granted to them under point 2 of that clause.

Judgment of the Court (Sixth Chamber) of 15 March 2012 — Sibilio v Comune di Afragola

(Case C-157/11)

‛Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70/EC — Clause 2 — Concept of ‘an employment contract or relationship defined by law, collective agreements or practice in force in each Member State’ — Scope of the framework agreement — Clause 4, point 1 — Principle of non-discrimination — Persons carrying out ‘work of social utility’ with public authorities — National rule excluding the existence of an employment relationship — National rule establishing a difference between the benefit paid to socially useful workers and the remuneration received by workers engaged under a contract of definite and/or indefinite duration by the same public authorities and carrying out the same activities’

1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — General or hypothetical questions (Art. 267 TFEU) (see paras 30, 31)

2. Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70 — Scope — Contract or employment relationship defined in law or national practice (Council Directive 1999/70, Annex, Clause 2) (see paras 45, 49-58, operative part)

Re:

Reference for a preliminary ruling — Tribunale di Napoli — Interpretation of clauses 2, 3, 4 and 5 of the Annex to 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) — Principle of non-discrimination — Unemployed persons registered in mobility lists or as job seekers engaged by public authorities for a fixed term carrying out work of social utility/work of public utility (known as socially useful workers/publicly useful workers) — National legislation establishing a difference in treatment in terms of pay between socially useful workers/publicly useful workers and workers engaged under a contract of indefinite duration by the same public authorities performing the same duties.

Operative part

Clause 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 not precluding national legislation such as that at issue in the main proceedings, which provides that the relationship between socially useful workers and the public authorities for whom they carry out their activities does not fall within the scope of that framework agreement when, and which it is for the national court to determine, those workers are not covered by an employment relationship as defined by national law, collective agreements or practice in force, or the Member States and/or social partners have exercised the option granted to them under point 2 of that clause.