Case C-251/11

Martial Huet

v

Université de Bretagne occidentale

(Request for a preliminary ruling from the

tribunal administratif de Rennes)

‛Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 5(1) — Successive fixed-term employment contracts — Measures to prevent the abuse of such contracts — Conversion of the previous fixed-term contract into a contract of indefinite duration — Obligation to reproduce in identical terms the principal clauses of the previous fixed-term contract’

Summary of the Judgment

Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70 — Measures to prevent abuse of successive fixed-term employment contracts — Conversion of the previous fixed-term contract into a contract of indefinite duration

(Council Directive 1999/70, Annex, clause 5)

Clause 5 of the framework agreement on fixed-term work, which is set out in the Annex to Directive 1999/70 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as meaning that a Member State, which provides in its national legislation for conversion of fixed-term employment contracts into an employment contract of indefinite duration when the fixed-term employment contracts have reached a certain duration, is not obliged to require the employment contract of indefinite duration to reproduce in identical terms the principal clauses set out in the previous contract. However, in order not to compromise the practical effect of, or the objectives pursued by, Directive 1999/70, that Member State must ensure that the conversion of fixed-term employment contracts into an employment contract of indefinite duration is not accompanied by material amendments to the clauses of the previous contract in a way that is, overall, unfavourable to the person concerned when the subject-matter of that person’s tasks and the nature of his functions remain unchanged.

(see para. 46, operative part)

Case C-251/11

Martial Huet

v

Université de Bretagne occidentale

(Request for a preliminary ruling from the

tribunal administratif de Rennes)

‛Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 5(1) — Successive fixed-term employment contracts — Measures to prevent the abuse of such contracts — Conversion of the previous fixed-term contract into a contract of indefinite duration — Obligation to reproduce in identical terms the principal clauses of the previous fixed-term contract’

Summary of the Judgment

Social policy — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Directive 1999/70 — Measures to prevent abuse of successive fixed-term employment contracts — Conversion of the previous fixed-term contract into a contract of indefinite duration

(Council Directive 1999/70, Annex, clause 5)

Clause 5 of the framework agreement on fixed-term work, which is set out in the Annex to Directive 1999/70 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, must be interpreted as meaning that a Member State, which provides in its national legislation for conversion of fixed-term employment contracts into an employment contract of indefinite duration when the fixed-term employment contracts have reached a certain duration, is not obliged to require the employment contract of indefinite duration to reproduce in identical terms the principal clauses set out in the previous contract. However, in order not to compromise the practical effect of, or the objectives pursued by, Directive 1999/70, that Member State must ensure that the conversion of fixed-term employment contracts into an employment contract of indefinite duration is not accompanied by material amendments to the clauses of the previous contract in a way that is, overall, unfavourable to the person concerned when the subject-matter of that person’s tasks and the nature of his functions remain unchanged.

(see para. 46, operative part)