6.9.2021

Official Journal of the European Union

C 357/2

(Case C-103/19) (1)

(Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 5(1) - Successive fixed-term employment contracts in the public health sector - Concept of ‘objective reasons’ - Concept of ‘equivalent legal measures to prevent abuse’ - Substitution of the status of occasional regulated staff for that of interim regulated staff - Permanent need for temporary regulated staff)

(2021/C 357/02)

Language of the case: Spanish

Referring court

Parties to the main proceedings

Applicants: Sindicato Único de Sanidad e Higiene (SUSH) de la Comunidad de Madrid, Sindicato de Sanidad de Madrid de la Confederación General del Trabajo (CGT)

Defendant: Consejería de Sanidad de la Comunidad de Madrid

Operative part of the order

1.Clause 5 of the Framework Agreement on fixed-term work concluded on 18 March 1999, which is included 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 meaning that it is for the national court to assess, in accordance with all the applicable rules of national law, whether national measures providing for the reclassification of a category of temporary staff by replacing the status of occasional regulated staff with that of interim regulated staff, and the possible establishment of those staff following selection procedures designed to fill definitively the posts occupied temporarily by them, constitute adequate measures to prevent and, where appropriate, to penalise abuses resulting from the use of successive fixed-term employment contracts or relationships or equivalent legal measures, within the meaning of that provision. If this is not the case, it is for that court to ascertain whether there are other effective measures in the applicable national legislation to prevent and penalise such abuses.

2.Clause 5 of the Framework Agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Directive 1999/70, must be interpreted as not precluding national legislation which reserves to staff members having the status of occasional regulated workers the possibility of obtaining the substitution of that status for that of interim regulated staff, where that substitution constitutes an appropriate measure to prevent and, where appropriate, penalise abuses resulting from the use of successive fixed-term employment contracts or relationships or an equivalent legal measure, within the meaning of that provision, provided that there are other effective measures in the national legal system to prevent and penalise such abuses in respect of fixed-term workers who do not fall within the category of occasional regulated staff, which it is for the national court to verify.

(1) OJ C 319, 23.9.2019.

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Language of the case: Spanish