14.8.2010

Official Journal of the European Union

C 221/25

(Case C-272/10)

()

2010/C 221/40

Language of the case: Greek

Referring court

Parties to the main proceedings

Applicant: Suzanna Verkizi-Nikolakaki

Defendant: Anotato Simvoulio Epilogis Prosopikou (ASEP) and Aristotelian University of Thessaloniki

Questions referred

1.Is Article 11(2) of Presidential Decree 164/2004, which provides that, in order to establish that the preconditions for conversion of fixed-term contracts to contracts of indefinite duration are met, the employee must submit an application to the relevant body, containing information establishing satisfaction of the said preconditions, within two months of the entry into force thereof, in keeping with the purpose of Article 139(2) EC and the effectiveness, in accordance with the third paragraph of Article 249 EC, of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work, in view of the fact that the cut-off deadline causes employees to lose their right to convert their contracts if an application is not submitted by the two-month deadline?

2.In view of the purpose of Council Directive 1999/70/EC of 28 June 1999 pursuant to Article 139(2) EC, does it suffice that the two-month deadline set for dealing with the number of employees subject to the provisions of Article 11 of Presidential Decree 164/2004, in order to put the objectives of the said directive into practical effect, in accordance with the third paragraph of Article 249 EC, was publicised simply by publication of the provisions of Article 11 of Presidential Decree 164/2004 in the Government Gazette?

3.Does the failure to extend the two-month deadline, compared with extensions to similar deadlines set in similar legislative measures which predate Presidential Decree 164/2004, reduce the general level of protection of employees, in breach of clause 8.3 of [the annex to] Council Directive 1999/70/EC of 28 June 1999?