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Case C-439/23, Consiglio nazionale delle Ricerche: Judgment of the Court (Sixth Chamber) of 19 September 2024 (request for a preliminary ruling from the Tribunale civile di Padova – Italy) – KV v Consiglio nazionale delle Ricerche (CNR) (Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Recruitment of a fixed-term worker as a permanent worker – Determination of length of service – Failure to take into account periods of employment completed under fixed-term employment contracts concluded before the expiry of the deadline for the transposition of Directive 1999/70 – Immediate application to the future effects of a situation which arose under the old rule)
ECLI:EU:UNKNOWN:62023CA0439
62023CA0439
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Official Journal of the European Union
C series
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C/2024/6395
(Case C-439/23,
Consiglio nazionale delle Ricerche)
(Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Principle of non-discrimination - Recruitment of a fixed-term worker as a permanent worker - Determination of length of service - Failure to take into account periods of employment completed under fixed-term employment contracts concluded before the expiry of the deadline for the transposition of Directive 1999/70 - Immediate application to the future effects of a situation which arose under the old rule)
(C/2024/6395)
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: KV
Defendant: Consiglio nazionale delle Ricerche (CNR)
Operative part of the judgment
must be interpreted as precluding the length of service accrued by a worker under fixed-term employment contracts which were performed in full or in part before the date of expiry of the deadline for the transposition of that directive not being taken into account for the purpose of determining that worker’s remuneration upon his or her recruitment on a permanent basis after that date, unless that exclusion is justified on objective grounds.
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ELI: http://data.europa.eu/eli/C/2024/6395/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: Italian.