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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)
ECLI:EU:UNKNOWN:62017CA0331
62017CA0331
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Official Journal of the European Union
C 4/4
(Case C-331/17) (<span class="super note-tag">1</span>)
(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
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.
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Language of the case: Italian.