Autorita per l’energia elettrica e il gas v Bertazzi (Order 2): ECJ 7 Mar 2013

1. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Workers doing the same work – ‘Same work’ – Definition – Workers in a similar situation – Criteria for assessment – Nature of the work, training requirements and working conditions – Powers of review of the national court (Council Directive 1999/70, Annex, Clauses 3(2) and 4(1) (see paras 32-38)
2. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Prohibition of discrimination against fixed-term workers – Worker employed for a fixed term recruited as a career civil servant without a public competition – Failure to take account, in order to determine length of service, of periods of service completed under a fixed-term contract – Not permissible (Council Directive 1999/70, Annex, Clause 4(1) and (4) (see paras 39-41, 43-53, 55, operative part.)
3. Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – General or hypothetical questions – Determination by the Court of its own jurisdiction (Art. 267 TFEU) (see para. 54)

[2013] EUECJ C-393/11
Bailii
Citing:
OrderAutorita per l’energia elettrica e il gas v Bertazzi (Order) ECJ 7-Mar-2013
ECJ Article 99 of the Rules of Procedure of the Court – Social policy – Directive 1999/70 / EC – Framework Agreement ETUC, UNICE and CEEP on fixed-term work – Clause 4 – term employment contracts in the public . .

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European

Updated: 22 January 2022; Ref: scu.569028