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Case C-135/20: Order of the Court (Eighth Chamber) of 30 September 2020 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — JS v Câmara Municipal de Gondomar (Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Directive 1999/70/EC — Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 5 — Fixed-term employment contracts in the public sector — Successive contracts — Prohibition on converting fixed-term contracts to open-ended contracts — Whether permissible)

ECLI:EU:UNKNOWN:62020CB0135

62020CB0135

September 30, 2020
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Official Journal of the European Union

C 414/20

(Case C-135/20) (*)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 5 - Fixed-term employment contracts in the public sector - Successive contracts - Prohibition on converting fixed-term contracts to open-ended contracts - Whether permissible)

(2020/C 414/25)

Language of the case: Portuguese

Referring court

Parties to the main proceedings

Applicant: JS

Defendant: Câmara Municipal de Gondomar

Operative part of the order

Clause 5 of the framework agreement on fixed-term work, concluded on 18 March 1999, annexed 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 legislation of a Member State that, in the public sector, prohibits absolutely the conversion of a succession of fixed-term employment contracts into a contract of indefinite duration, where that legislation does not include, as regards that sector, another effective measure to prevent and, where relevant, punish the abuse of successive fixed-term contracts.

(*)

Language of the case: Portuguese

ECLI:EU:C:2020:209

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