Joined Cases C-40/20 and C-173/20: Judgment of the Court (Sixth Chamber) of 15 December 2022 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — AQ, BO and CP (C-40/20), as well as AZ, BY, CX, DW, EV, FU and GJ (C-173/20) v Presidenza del Consiglio dei Ministri, Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR, and Università degli studi di Perugia (References for a preliminary ruling — Social policy — Fixed-term work — Directive 1999/70/EC — Framework agreement — Principle of non-discrimination — Measures to prevent abuse of successive fixed-term employment contracts — Public-law fixed-term employment relationship — University researchers)
Date: 2022-12-15
Institutions: Court of Justice
Subjects: equal treatment, framework agreement, full-time employment, labour law, research body, research staff, temporary employment, university, university research, work contract








C_2023054EN.01000201.xml










13.2.2023   


EN


Official Journal of the European Union


C 54/2






Judgment of the Court (Sixth Chamber) of 15 December 2022 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — AQ, BO and CP (C-40/20), as well as AZ, BY, CX, DW, EV, FU and GJ (C-173/20) v Presidenza del Consiglio dei Ministri, Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR, and Università degli studi di Perugia
(Joined Cases C-40/20 and C-173/20) (1)

(References for a preliminary ruling - Social policy - Fixed-term work - Directive 1999/70/EC - Framework agreement - Principle of non-discrimination - Measures to prevent abuse of successive fixed-term employment contracts - Public-law fixed-term employment relationship - University researchers)
(2023/C 54/02)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellants: AQ, BO and CP (C-40/20), as well as AZ, BY, CX, DW, EV, FU and GJ (C-173/20)

Respondents: Presidenza del Consiglio dei Ministri, Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR, and Università degli studi di Perugia

Intervening parties: Federazione Lavoratori della Conoscenza Cgil, Confederazione Generale Italiana del Lavoro (CGIL), Cipur — Coordinamento Intersedi Professori Universitari di Ruolo, and Anief — Associazione Professionale e Sindacale (C-40/20), as well as HS, IR, JQ, KP, LO, MN, NM, OZ, PK, QJ, RI, SH, TG, UF, WE, XC and YD (C-173/20)

Operative part of the judgment







1.


Clause 5 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 a piece of national legislation which permits universities to conclude three-year fixed-term contracts with researchers, which can be extended for a maximum of two years, without making the conclusion or extension of those contracts conditional upon there being objective reasons connected with temporary or exceptional requirements, in order to cover the everyday permanent needs of the university concerned.










2.


Clause 5 of the framework agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Directive 1999/70, must be interpreted as not precluding a piece of national legislation which sets the total duration of the employment contracts that may be concluded by a single researcher, including with different universities and institutes, whether continuous or otherwise, at 12 years.










3.


Clause 4 of the framework agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Directive 1999/70, must be interpreted as not precluding a piece of national legislation which provides for the possibility, under certain conditions, of stabilising the employment of researchers for public research bodies who have concluded a fixed-term contract but which denies that possibility to university researchers who have concluded a fixed-term contract.










4.


Clause 4 of the framework agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Directive 1999/70, must be interpreted as not precluding a piece of national legislation which, by derogating, first, from the general rule applicable to all workers in the public and private sectors according to which, as from 2018, the maximum duration of a fixed-term relationship is set at 24 months, including extensions and renewals, and, second, from the rule applicable to public authority employees according to which the use of that type of relationship is conditional upon the existence of temporary and exceptional requirements, permits universities to conclude with researchers three-year fixed-term contracts, which may be extended for a maximum of two years, without making the conclusion or extension of those contracts conditional upon the existence of temporary or exceptional requirements on the part of the university in question, and which also permits, at the end of the five-year period, the conclusion, with the same person or with other persons, of another fixed-term contract of the same type in order to meet the same teaching and research needs as those connected with the previous contract.










5.


Clause 4(1) of the framework agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Directive 1999/70, must be interpreted as precluding a piece of national legislation pursuant to which researchers who have concluded a contract of indefinite duration have the possibility, once they have obtained the national academic qualification, of undergoing a specific appraisal procedure in order that they may be added to the list of associate professors, whereas that possibility is denied to researchers who have concluded a fixed-term contract, even once they have also obtained the national academic qualification, in a situation where those researchers carry out the same professional activities and provide the same teaching services to students as researchers who have concluded a contract of indefinite duration.






(1)  OJ C 161, 11.5.2020.

OJ C 19, 18.1.2021.