European Union · cjeu_case
Joined Cases C-103/18 and C-429/18: Judgment of the Court (Second Chamber) of 19 March 2020 (request for a preliminary ruling from the Juzgado Contencioso-Administrativo No 8 de Madrid, Juzgado Contencioso-Administrativo No 14 de Madrid— Spain) — Domingo Sánchez Ruiz (C-103/18), Berta Fernández Álvarez and Others (C-429/18) v Comunidad de Madrid (Servicio Madrileño de Salud) (References for a preliminary ruling — Social policy — Directive 1999/70/EC — Framework Agreement, concluded by ETUC, UNICE and CEEP regarding fixed-term work — Clause 5 — Concept of ‘successive fixed-term employment contracts or relationships’ — Failure by the employer to respect the relevant legal deadline for definitively filling posts temporarily occupied by fixed-term workers — Implicit extension of the employment relationship from year to year — Occupation by a fixed-term worker of the same post in the context of two consecutive appointments — Concept of ‘objective reasons’ justifying the renewal of successive fixed-term employment contracts or relationships — Respect for the reasons for recruitment provided for by the national legislation — Concrete examination finding that the successive renewal of fixed-term employment relationships seeks to cover the employer’s permanent and regular staffing needs — Measures seeking to prevent and, where appropriate, to punish abuses resulting from the use of successive fixed-term employment contracts or relationships — Selection procedures seeking to definitively fill posts occupied temporarily by fixed-term workers — Conversion of the situation of fixed-term workers into ‘non-permanent workers of indefinite duration’ — Grant to the worker of compensation equal to that paid in the event of unfair dismissal — Applicability of the Framework Agreement despite the fact that the worker consented to successive renewals of fixed-term contracts — Clause 5(1) — Absence of obligation for national courts to disapply inconsistent national legislation)
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