Order of the Court (Sixth Chamber) of 26 April 2022

Data

Court: Court of Justice

Case date: 26 april 2022

Verdict

Order of the Court (Sixth Chamber) of 26 April 2022 – Universitat de Barcelona

(Case C‑464/21)

"(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Successive fixed-term contracts in the public sector - Clause 2 and Clause 3(1) - Scope - Concept of fixed-term worker )"

Social policyFramework agreement on fixed-term work concluded by ETUC, UNICE and CEEPDirective 1999/70ScopeWorker employed on the basis of successive fixed-term employment contracts in the public sectorReclassification of the employment relationship, as a penalty, as a non-permanent contract of indefinite durationIncluded

(Council Directive 1999/70, Annex, Clauses 2 and 3 (1))

(see paras 22-26)

Operative part

Clause 2 and Clause 3(1) 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 meaning that a worker bound to his or her public sector employer by successive fixed-term contracts and whose employment relationship may be reclassified, as a penalty, as a ‘non-permanent contract of indefinite duration’, falls within the scope of that framework agreement.