Joined Cases C-302/11 to C-305/11: Judgment of the Court (Sixth Chamber) of 18 October 2012 (references for a preliminary ruling from the Consiglio di Stato — Italy) — Rosanna Valenza (C-302/11 and C-304/11), Maria Laura Altavista (C-303/11), Laura Marsella, Simonetta Schettini, Sabrina Tomassini (C-305/11) v Autorità Garante della Concorrenza e del Mercato (Social policy — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 4 — Fixed-term employment contracts in the public sector — National Competition Authority — Stabilisation procedure — Recruitment of workers employed for a fixed term as career civil servants without a public competition — Determination of length of service — Complete disregard of periods of service completed under fixed-term employment contracts — Principle of non-discrimination)
Date: 2012-10-18
Institutions: Court of Justice
Subjects: Italy, civil servant, public service, rights of civil servants, seniority, temporary employment








C_2012379EN.01000902.xml










8.12.2012   


EN


Official Journal of the European Union


C 379/9





Judgment of the Court (Sixth Chamber) of 18 October 2012 (references for a preliminary ruling from the Consiglio di Stato — Italy) — Rosanna Valenza (C-302/11 and C-304/11), Maria Laura Altavista (C-303/11), Laura Marsella, Simonetta Schettini, Sabrina Tomassini (C-305/11) v Autorità Garante della Concorrenza e del Mercato
(Joined Cases C-302/11 to C-305/11) (1)

(Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Fixed-term employment contracts in the public sector - National Competition Authority - Stabilisation procedure - Recruitment of workers employed for a fixed term as career civil servants without a public competition - Determination of length of service - Complete disregard of periods of service completed under fixed-term employment contracts - Principle of non-discrimination)
2012/C 379/15
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicants: Rosanna Valenza (C-302/11 and C-304/11), Maria Laura Altavista (C-303/11), Laura Marsella, Simonetta Schettini, Sabrina Tomassini (C-305/11)

Defendant: Autorità Garante della Concorrenza e del Mercato

Re:

References for a preliminary ruling — Consiglio di Stato — Interpretation of Clauses 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) — National legislation under which it is possible, in derogation from the principle that public officials must be recruited by means of an open competition, for the public administrative authorities to enter into permanent work contracts with workers who have been in the employ of those authorities under fixed-term contracts — No account taken of the length of service accrued on the basis of the earlier, fixed-term contract, even where there is no interruption of the employment relationship

Operative part of the judgment

Clause 4 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 understood as precluding national legislation, such as that at issue in the main proceedings, which completely prohibits periods of service completed by a fixed-term worker for a public authority being taken into account in order to determine the length of service of that worker upon his recruitment on a permanent basis by that same authority as a career civil servant under a stabilisation procedure specific to his employment relationship, unless that prohibition is justified on ‘objective grounds’ for the purposes of clause 4(1) and/or (4). The mere fact that the fixed-term worker completed those periods of service on the basis of a fixed-term employment contract or relationship does not constitute such an objective ground.


(1)  OJ C 252, 27.8.2011.