Case C-53/04: Judgment of the Court (Second Chamber) of 7 September 2006 (reference for a preliminary ruling from the Tribunale di Genova — Italy) — Cristiano Marrosu, Gianluca Sardino v Azienda Ospedaliera Ospedale San Martino di Genova e Cliniche Universitarie Convenzionate (Directive 1999/70/EC — Clauses 1(b) and 5 of the framework agreement on fixed-term work — Establishment of employment relationships of indefinite duration resulting from infringement of the rules governing successive fixed-term contracts — Possible derogation in respect of employment contracts in the public sector)
Date: 2006-11-18
Institutions: Court of Justice
Subjects: framework agreement, interpretation of the law, interprofessional agreement, private sector, professional association, public administration, work contract

18.11.2006

EN

Official Journal of the European Union

C 281/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 7 September
2006 (reference for a preliminary ruling from the Tribu-
nale di Genova — Italy) — Cristiano Marrosu, Gianluca
Sardino v Azienda Ospedaliera Ospedale San Martino di
Genova e Cliniche Universitarie Convenzionate

(Case C-53/04) (1)

(Directive 1999/70/EC — Clauses 1(b) and 5 of the frame-
work agreement on fixed-term work — Establishment of
employment relationships of indefinite duration resulting
from infringement of the rules governing successive fixed-
term contracts — Possible derogation in respect of employ-
ment contracts in the public sector)

Operative part of the judgment

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 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.

(2006/C 281/01)

Language of the case: Italian

(1) OJ C 85, 3.4.2004.

Referring court

Tribunale di Genova

Parties to the main proceedings

Judgment of the Court (Grand Chamber) of 12 September
2006 (references for a preliminary ruling from the Ober-
landesgericht Oldenburg — Germany) — Industrias Nucle-
ares do Brasil SA, Siemens AG v UBS AG (C-123/04),
Texas Utilities Electric Corporation (C-124/04)

Applicants: Cristiano Marrosu, Gianluca Sardino

(Joined Cases C-123/04 and C-124/04) (1)

Defendant: Azienda Ospedaliera Ospedale San Martino di
Genova e Cliniche Universitarie Convenzionate

(EAEC Treaty — Supplies — Property ownership — Enrich-
ment of uranium on the territory of the Community by a
national of a third State)

Re:

Preliminary ruling — Tribunale di Genova — Interpretation of
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) — Establishment of
an employment relationship of indefinite duration in the case
where the rules governing successive fixed-term contracts have
been infringed — Possibility of derogation in the case of
employment contracts signed with public authorities

(2006/C 281/02)

Language of the case: German

Referring court

Oberlandesgericht Oldenburg