Official Journal of the European Union

C 161/9

(Case C-494/16) (<span class="super note-tag">1</span>)

((Reference for a preliminary ruling - Social policy - Fixed-term work - Contracts concluded with a public sector employer - Measures to penalise the misuse of fixed-term contracts - Principles of equivalence and effectiveness))

(2018/C 161/09)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: Giuseppa Santoro

Defendants: Comune di Valderice, Presidenza del Consiglio dei Ministri

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 not precluding national legislation which, on the one hand, does not punish the misuse of successive fixed-term contracts by a public sector employer through the payment of compensation to the worker concerned for the lack of conversion of the fixed-term employment relationship into an employment relationship of indefinite duration, but, on the other hand, provides for the grant of compensation of between 2,5 and 12 times the last monthly salary of that worker together with the possibility for him to obtain full compensation for the harm by demonstrating, by way of presumption, the loss of opportunities to find employment or that, if a recruitment competition had been duly organised, he would have been successful, provided that such legislation is accompanied by an effective and dissuasive penalty mechanism, a matter which is for the referring court to verify.

(<span class="note">1</span>) OJ C 454, 5.12.2016.