CELEX: 62011CA0251
Language: en
Date: 2012-03-08 00:00:00
Title: Case C-251/11: Judgment of the Court (Sixth Chamber) of 8 March 2012 (reference for a preliminary ruling from the tribunal administratif de Rennes — France) — Martial Huet v Université de Bretagne occidentale (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)

28.4.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 126/3
            
         Judgment of the Court (Sixth Chamber) of 8 March 2012 (reference for a preliminary ruling from the tribunal administratif de Rennes — France) — Martial Huet v Université de Bretagne occidentale
   (Case C-251/11) (1)
   
   (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)
   2012/C 126/04
   Language of the case: French
   
      Referring court
   
   Tribunal administratif de Rennes
   
      Parties to the main proceedings
   
   
      Applicant: Martial Huet
   
      Defendant: Université de Bretagne occidentale
   
      Re:
   
   Reference for a preliminary ruling — Administrative Court of Rennes — 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) — Successive fixed-term contracts in the public sector — Obligation to reproduce in identical terms the principal clauses of the previous fixed-term contract where that contract is converted into an employment contract of indefinite duration — Principles of equivalence and of non-reduction of the earlier level of protection
   
      Operative part of the judgment
   
   Clause 5 of the framework agreement on fixed-term work, concluded on 18 March 1999, which is set out in 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, 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 that the employment contract of indefinite duration reproduces in identical terms the principal clauses set out in the previous contract. However, in order not to undermine 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.
   
      (1)  OJ C 238, 13.8.2011