Case C-103/18 Sánchez Ruiz and C-429/18 Fernández Álvarez and Others v Comunidad de Madrid (Servicio Madrileño de Salud)

Título: Case C-103/18 Sánchez Ruiz and C-429/18 Fernández Álvarez and Others v Comunidad de Madrid (Servicio Madrileño de Salud)
Resumen:The references for a preliminary ruling concern the interpretation of the first paragraph of Article 2 of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP and of clause 5 of the framework agreement on fixed-term work concluded on 18 March 1999 and annexed to that directive.
Fecha publicación: 19-03-2020
Autor: Tribunal de Justicia de la Unión Europea
Código Celex: 
Link: https://bit.ly/3dpGzvh
Palabras clave: Preliminary ruling procedure - Social policy - Directive 1999/70/EC - ETUC Framework Agreement UNICE and CEEP on fixed-term work - Clause 5 - Concept of 'successive fixed-term employment contracts or relationships' - Failure by the employer to comply with the statutory period for filling the post occupied on a provisional basis by a public employee with a fixed-term employment relationship - Implicit extension of the service relationship from year to year - Occupation of the same post by a public employee with a service relationship fixed-term appointments in the context of two consecutive appointments - Concept of 'objective reasons' justifying the renewal of successive fixed-term contracts or relationships - Compliance with the grounds for appointment laid down by national law - Specific examination showing that the purpose of renewing successive fixed-term relationships is to meet permanent and stable staffing needs of the employer - Measures to prevent and in your case, penalising abuses arising from the use of successive fixed-term employment contracts or relationships - Selective processes aimed at permanently filling the positions occupied on a temporary basis by public employees with a fixed-term service relationship - Transformation of public employees with a fixed-term service relationship fixed-term in 'non-fixed indefinite periods' - Granting to the public employee of compensation equivalent to that paid in the event of unfair dismissal - Applicability of the Framework Agreement on Fixed-term Work despite the fact that the public employee has consented to successive renewals of the fixed-term service relationship - Clause 5, paragraph 1 - No obligation on national courts to disapply national legislation that does not comply