Source: All England Reporter
Publisher Citation: [2005] All ER (D) 287 (Nov)
Court: Court of Justice of the European Communities (Grand Chamber)

Judges Jann (President), Timmermans, Rosas, Schiemann, Schintgen (Rapporteur), von Bahr, Cunha Rodrigues, Silva de Lapuerta, Lenaerts, Juhasz, Arestis, Borg Barthet and Ilesic

Judgment Dates: 22 November 2005


European Community - Employment - Fixed-term contract - Equality of treatment - Applicant entering into fixed term employment contract with respondent - Whether parties' agreement incompatible with Community legislation - Council Directive (EC) 1999/70 - Council Directive (EC) 2000/78, art 6(1).

The Case

On a proper construction of cl8(3) of the Framework Agreement, as put into effect by Council Directive (EC) 1999-70 (concerning the framework agreement on fixed term work concluded by ETUC, UNICE and CEEP) domestic legislation such as that at issue in the main proceedings, which for reasons connected with the need to encourage employment and irrespective of the implementation of that agreement, had lowered the age above which fixed-term contracts of employment might be concluded without restrictions, was not contrary to that provision.

Practice Areas

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