(Case C‑364/07)

Article 104(3), first paragraph, of the Rules of Procedure − Social policy – Directive 1999/70/EC − Framework agreement on fixed-term work – Successive fixed-term employment contracts in the public sector − Concepts of ‘successive contracts’ and ‘objective reasons’ justifying the renewal of such contracts − Measures intended to prevent abuse − Sanctions − Settlement at national level of disputes and grievances − Scope of the obligation to interpret national law in conformity with Community law

5. Social policy – ETUC, UNICE and CEEP Framework Agreement on fixed‑term work – Directive 1999/70 – Measures designed to prevent the misuse of successive fixed-term employment contracts (Council Directive 1999/70, Annex) (see para. 137, operative part 4)

Re:

Reference for a preliminary ruling – Monomeles Protodikio Kerkyras –Interpretation of Clause 5(1) and (2) of 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 (OJ 1999 L 175, p. 43) – Employment contracts entered into with public authorities – Concept of objective reasons justifying the renewal, without restriction, of successive fixed-term contracts – Concept of successive contracts.

Operative part

5. The principle of the effectiveness of Community law and the Framework Agreement on fixed-term employment do not preclude, as a general rule, a provision of national law under which an independent administrative authority has jurisdiction in respect of the possible reclassification of fixed‑term contracts as contracts of indefinite duration. It is, however, for the referring court to ensure that the right to effective judicial protection is safeguarded with due regard to the principles of effectiveness and equivalence.