Spyridon Vassilakis and Others v Dimos Kerkyraion.

• Jurisdiction: European Union
• Court: Court of Justice (European Union)
• Date: 12 June 2008

Order of the Court (Third Chamber) of 12 June 2008 – Vassilakis v Dimos Kerkyraion

(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

1. Preliminary rulings – Jurisdiction of the Court – Limits – Clearly irrelevant questions and hypothetical questions put in a context not permitting a useful answer – Questions not related to the purpose of the main proceedings (Art. 234 EC) (see paras 42-44)

2. Acts of the institutions – Directives – Implementation by Member States – Belated transposition into national law – Provisions at issue not having direct effect – Obligation to interpret national law in accordance with the purpose of the directive – When the obligation arises – Date of expiry of the period for transposition (Arts 10, second para., EC and 249, third para., EC) (see paras 64, 69-72, operative part 1)

3. 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, Clause 5(1)(a)) (see para. 94, operative part 2)

4. 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, Clause 5) (see para. 117, operative part 3)

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, Clause 5) (see para. 137, operative part 4)

6. 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. 150, operative part 5)

Re:

Reference for a preliminary ruling – Monomeles Protodikio Kerkyras –Interpretation of Clause 5(1) and (2) of the

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