CELEX: 62017CA0331
Language: en
Date: 2018-10-25 00:00:00
Title: Case C-331/17: Judgment of the Court (Tenth Chamber) of 25 October 2018 (request for a preliminary ruling from the Corte d’appello di Roma — Italy) — Martina Sciotto v Fondazione Teatro dell’Opera di Roma (Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Measures to prevent the misuse of successive fixed-term employment contracts or relationships – National legislation excluding the application of those measures in the sector of activity of operatic and orchestral foundations)

7.1.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 4/4
            
         
      Judgment of the Court (Tenth Chamber) of 25 October 2018 (request for a preliminary ruling from the Corte d’appello di Roma — Italy) — Martina Sciotto v Fondazione Teatro dell’Opera di Roma
      (Case C-331/17) (1)
      
      (Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 5 - Measures to prevent the misuse of successive fixed-term employment contracts or relationships - National legislation excluding the application of those measures in the sector of activity of operatic and orchestral foundations)
      (2019/C 4/05)
      Language of the case: Italian
      
         Referring court
      
      Corte d’appello di Roma
      
         Parties to the main proceedings
      
      
         Applicant: Martina Sciotto
      
         Defendant: Fondazione Teatro dell’Opera di Roma
      
         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 precluding national legislation, such as that at issue in the main proceedings, pursuant to which the common law rules governing employment relationships and intended to penalise the misuse of successive fixed-term contracts by the automatic transformation of the fixed-term contract into a contract of indefinite duration if the employment relationship goes beyond a specific date are not applicable to the sector of activity of operatic and orchestral foundations, where there is no other effective measure in the domestic legal system penalising abuses identified in that sector.
      
         (1)  OJ C 309, 18.9.2017.