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Case C-715/20, (Lack of reasons for termination): Judgment of the Court (Grand Chamber) of 20 February 2024 (request for a preliminary ruling from the Sąd Rejonowy dla Krakowa – Nowej Huty w Krakowie – Poland) – K.L. v X sp. z o.o. (Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Difference in treatment in the event of dismissal – Termination of a fixed-term employment contract – No obligation to state the reasons for termination – Judicial review – Article 47 of the Charter of Fundamental Rights of the European Union)
ECLI:EU:UNKNOWN:62020CA0715
62020CA0715
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Official Journal of the European Union
C series
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C/2024/2383
8.4.2024
Judgment of the Court (Grand Chamber) of 20 February 2024 (request for a preliminary ruling from the Sąd Rejonowy dla Krakowa — Nowej Huty w Krakowie — Poland) — K.L. v X sp. z o.o.
(Case C-715/20, (*) (Lack of reasons for termination)
(Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 4 - Principle of non-discrimination - Difference in treatment in the event of dismissal - Termination of a fixed-term employment contract - No obligation to state the reasons for termination - Judicial review - Article 47 of the Charter of Fundamental Rights of the European Union)
(C/2024/2383)
Language of the case: Polish
Referring court
Sąd Rejonowy dla Krakowa — Nowej Huty w Krakowie
Parties to the main proceedings
Applicant: K.L.
Defendant: X sp. z o.o.
Operative part of the judgment
Clause 4 of the framework agreement on fixed-term work concluded on 18 March 1999 which is 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 national legislation according to which an employer is not required to state, in writing, the reasons for the termination of a fixed-term employment contract with a notice period, although it is bound by such an obligation in the event of termination of an employment contract of indefinite duration. The national court hearing a dispute between individuals is required, where it is not possible for it to interpret the applicable national law in a way which is consistent with that clause, to ensure, within its jurisdiction, the judicial protection which individuals derive from Article 47 of the Charter of Fundamental Rights of the European Union and to guarantee the full effectiveness of that article by disapplying, in so far as necessary, any contrary provision of national law.
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ELI: http://data.europa.eu/eli/C/2024/2383/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: Polish.
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