I imagine what I want to write in my case, I write it in the search engine and I get exactly what I wanted. Thank you!
Valentina R., lawyer
(Case C-494/17) (<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 misuse of fixed-term employment contracts - Conversion of the employment relationship into a relationship of indefinite duration - Limitation on the retroactive effect of the conversion - No financial remedies)
(2019/C 230/06)
Language of the case: Italian
Applicant: Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR
Defendants: Fabio Rossato, Conservatorio di Musica F.A. Bonporti
Clause 5(1) 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, is to be interpreted as not precluding legislation which, as applied by the national supreme courts, precludes any entitlement to financial compensation on account of the misuse of successive fixed-term employment contracts for public-sector teachers whose employment relationship has been converted from a fixed-term relationship into one of indefinite duration, with limited retroactive effect, if such conversion is neither uncertain nor unpredictable or fortuitous and the limited account taken of the period of service completed under those successive fixed-term employment contracts constitutes a measure that is proportionate for the purpose of punishing that misuse, which is a matter for the national court to determine.
(<span class="note">1</span>) OJ C 374, 6.11.2017.