CELEX: 62020CB0135
Language: en
Date: 2020-09-30 00:00:00
Title: Case C-135/20: Order of the Court (Eighth Chamber) of 30 September 2020 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — JS v Câmara Municipal de Gondomar (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 5 — Fixed-term employment contracts in the public sector — Successive contracts — Prohibition on converting fixed-term contracts to open-ended contracts — Whether permissible)

30.11.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 414/20
            
         
      Order of the Court (Eighth Chamber) of 30 September 2020 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — JS v Câmara Municipal de Gondomar
      (Case C-135/20) (1)
      
      (Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 5 - Fixed-term employment contracts in the public sector - Successive contracts - Prohibition on converting fixed-term contracts to open-ended contracts - Whether permissible)
      (2020/C 414/25)
      Language of the case: Portuguese
      
         Referring court
      
      Supremo Tribunal Administrativo
      
         Parties to the main proceedings
      
      
         Applicant: JS
      
         Defendant: Câmara Municipal de Gondomar
      
         Operative part of the order
      
      Clause 5 of the framework agreement on fixed-term work, concluded on 18 March 1999, 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 precluding legislation of a Member State that, in the public sector, prohibits absolutely the conversion of a succession of fixed-term employment contracts into a contract of indefinite duration, where that legislation does not include, as regards that sector, another effective measure to prevent and, where relevant, punish the abuse of successive fixed-term contracts.
      
         (1)  OJ C 209, 22.6.2020.