ECJ (Order) Article 104(3) of the Rules of Procedure – Social policy – Directive 1999/70/EC – Clauses 3 and 8 of the framework agreement on fixed-term work – Fixed-term employment contracts in the public sector – First or single use of a contract – Obligation to state the objective reasons – Elimination – Reduction in the general level of protection of employees – Principle of non-discrimination – Articles 82 EC and 86 EC
1. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Reduction of the general level of protection of workers in the field of that agreement prohibited (Council Directive 1999/70, Annex, Clause 8(3)) (see para. 48)
2. Social policy – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Scope – Differences in treatment of certain categories of fixed-term workers – Not included (Council Directive 1999/70, Annex, clause 4) (see paras 55-57)
3. Questions referred for a preliminary ruling – Jurisdiction of the Court – Limits – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Directive 1999/70 – Purpose – Fixing general principles and minimum rules for certain limited aspects of fixed-term contracts – No harmonisation of all national rules relating to fixed-term contracts (Art. 267 TFEU) (see paras 50, 54, 63-65)
4. Questions referred for a preliminary ruling – Admissibility – Need to provide the Court with sufficient information on the factual and legislative context – Extent of the obligation in the sphere of competition (Art. 267 TFEU) (see paras 76-77, 79)
ECLI:EU:C:2010:677, [2010] EUECJ C-20/10
Bailii
European
Employment
Updated: 23 January 2022; Ref: scu.569525