{"attribution":{"source":"legal.exploreworldai.com","canonical":"https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-155-25","cite_as":"NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-155-25)","license":"https://legal.exploreworldai.com/revision","version":"legal-2026-11-02","fingerprint":"ewai:eu:f6410a","proof":"sha256:603c4880807e3cf6acf97ae8dc0e47e161e4108aba654a03f080959f1ce90a1e","jurisdiction":"eu","lang":"en","publisher":"NovaCopilot by ExploreWorld Legal","terms":"https://legal.exploreworldai.com/om"},"brand_source":"Source: NovaCopilot","item":{"schema_version":"1.0.0","id":"eu:c-155-25","jurisdiction":"eu","lang":"en","brand_source":"Source: NovaCopilot","brand":{"product":"NovaCopilot","platform":"ExploreWorldAI","infrastructure":"ExploreWorld Legal","infrastructure_url":"legal.exploreworldai.com","legal_entity":"Valkiv Ventures AB","permanent_url":"https://legal.exploreworldai.com/novacopilot","source":"Source: NovaCopilot","powered_by":"Powered by NovaCopilot","license":"https://legal.exploreworldai.com/licensvillkor"},"sections":[{"title":"62025CJ0155","paragraphs":[]},{"title":"JUDGMENT OF THE COURT (Tenth Chamber)","paragraphs":[]},{"title":"13 May 2026 (\n *1\n )","paragraphs":["para_4","para_5","para_6","para_7","para_8","para_9","para_10","para_11","para_12","para_13","para_14","para_15","para_16","para_17","para_18"]},{"title":"Judgment","paragraphs":[]},{"title":"1","paragraphs":[]},{"title":"By its application, the European Commission claims that the Court should:","paragraphs":["para_22","para_23","para_24","para_25"]},{"title":"Legal context","paragraphs":[]},{"title":"European Union law","paragraphs":[]},{"title":"2","paragraphs":["para_29","para_30"]},{"title":"(a)","paragraphs":["para_32"]},{"title":"(b)","paragraphs":["para_34"]},{"title":"(c)","paragraphs":["para_36"]},{"title":"Italian law","paragraphs":[]},{"title":"3","paragraphs":["para_39","para_40","para_41","para_42","para_43","para_44"]},{"title":"4","paragraphs":["para_46","para_47","para_48","para_49","para_50"]},{"title":"11.   The provisions of the preceding paragraphs shall apply also to ATA staff.’","paragraphs":[]},{"title":"5","paragraphs":["para_53","para_54"]},{"title":"(a)","paragraphs":["para_56"]},{"title":"(b)","paragraphs":["para_58"]},{"title":"(c)","paragraphs":["para_60"]},{"title":"6","paragraphs":["para_62","para_63","para_64","para_65","para_66","para_67","para_68"]},{"title":"7","paragraphs":["para_70"]},{"title":"8","paragraphs":["para_72"]},{"title":"Pre-litigation procedure","paragraphs":[]},{"title":"9","paragraphs":["para_75"]},{"title":"10","paragraphs":["para_77"]},{"title":"11","paragraphs":["para_79"]},{"title":"12","paragraphs":["para_81"]},{"title":"13","paragraphs":["para_83"]},{"title":"The action","paragraphs":[]},{"title":"14","paragraphs":["para_86"]},{"title":"Arguments of the parties","paragraphs":[]},{"title":"15","paragraphs":["para_89"]},{"title":"16","paragraphs":["para_91"]},{"title":"17","paragraphs":["para_93"]},{"title":"18","paragraphs":["para_95"]},{"title":"19","paragraphs":["para_97"]},{"title":"20","paragraphs":["para_99"]},{"title":"21","paragraphs":["para_101"]},{"title":"22","paragraphs":["para_103"]},{"title":"23","paragraphs":["para_105"]},{"title":"24","paragraphs":["para_107"]},{"title":"25","paragraphs":["para_109"]},{"title":"26","paragraphs":["para_111"]},{"title":"27","paragraphs":["para_113"]},{"title":"28","paragraphs":["para_115"]},{"title":"29","paragraphs":["para_117"]},{"title":"30","paragraphs":["para_119"]},{"title":"Findings of the Court","paragraphs":[]},{"title":"31","paragraphs":["para_122"]},{"title":"32","paragraphs":["para_124"]},{"title":"33","paragraphs":["para_126"]},{"title":"34","paragraphs":["para_128"]},{"title":"35","paragraphs":["para_130"]},{"title":"36","paragraphs":["para_132"]},{"title":"37","paragraphs":["para_134"]},{"title":"38","paragraphs":["para_136"]},{"title":"39","paragraphs":["para_138"]},{"title":"40","paragraphs":["para_140"]},{"title":"41","paragraphs":["para_142"]},{"title":"42","paragraphs":["para_144"]},{"title":"43","paragraphs":["para_146"]},{"title":"44","paragraphs":["para_148"]},{"title":"45","paragraphs":["para_150"]},{"title":"46","paragraphs":["para_152"]},{"title":"47","paragraphs":["para_154"]},{"title":"48","paragraphs":["para_156"]},{"title":"49","paragraphs":["para_158"]},{"title":"50","paragraphs":["para_160"]},{"title":"51","paragraphs":["para_162"]},{"title":"52","paragraphs":["para_164"]},{"title":"53","paragraphs":["para_166"]},{"title":"54","paragraphs":["para_168"]},{"title":"55","paragraphs":["para_170"]},{"title":"56","paragraphs":["para_172"]},{"title":"57","paragraphs":["para_174"]},{"title":"58","paragraphs":["para_176"]},{"title":"Costs","paragraphs":[]},{"title":"59","paragraphs":["para_179"]},{"title":"On those grounds, the Court (Tenth Chamber) hereby rules:","paragraphs":["para_181","para_182","para_183","para_184","para_185","para_186"]}],"paragraphs":[{"text":"62025CJ0155","paragraph_id":"para_1"},{"text":"JUDGMENT OF THE COURT (Tenth Chamber)","paragraph_id":"para_2"},{"text":"13 May 2026 (\n *1\n )","paragraph_id":"para_3"},{"text":"(Failure of a Member State to fulfil obligations – Article 258 TFEU – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5(1) – Obligation for Member States to introduce measures to prevent and penalise the misuse of successive fixed-term employment contracts – Absence of such measures – Concept of ‘objective reasons’ justifying the renewal of such contracts)","paragraph_id":"para_4"},{"text":"In Case C‑155/25,","paragraph_id":"para_5"},{"text":"ACTION for failure to fulfil obligations under Article 258 TFEU, brought on 21 February 2025,","paragraph_id":"para_6"},{"text":"European Commission , represented by S. Delaude and D. Recchia, acting as Agents,","paragraph_id":"para_7"},{"text":"applicant,","paragraph_id":"para_8"},{"text":"v","paragraph_id":"para_9"},{"text":"Italian Republic , represented by S. Fiorentino, acting as Agent, and by A. Berti Suman and L. Fiandaca, avvocati dello Stato,","paragraph_id":"para_10"},{"text":"defendant,","paragraph_id":"para_11"},{"text":"THE COURT (Tenth Chamber),","paragraph_id":"para_12"},{"text":"composed of J. Passer, President of the Chamber, D. Gratsias and B. Smulders (Rapporteur), Judges,","paragraph_id":"para_13"},{"text":"Advocate General: R. Norkus,","paragraph_id":"para_14"},{"text":"Registrar: A. Calot Escobar,","paragraph_id":"para_15"},{"text":"having regard to the written procedure,","paragraph_id":"para_16"},{"text":"having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,","paragraph_id":"para_17"},{"text":"gives the following","paragraph_id":"para_18"},{"text":"Judgment","paragraph_id":"para_19"},{"text":"1","paragraph_id":"para_20"},{"text":"By its application, the European Commission claims that the Court should:","paragraph_id":"para_21"},{"text":"–","paragraph_id":"para_22"},{"text":"declare that, by failing to take measures designed to prevent the misuse of successive fixed-term contracts for replacement administrative, technical and auxiliary staff (‘ATA staff’) employed in public educational establishments, the Italian Republic has failed to fulfil its obligations under Claus …","paragraph_id":"para_23"},{"text":"–","paragraph_id":"para_24"},{"text":"order the Italian Republic to pay the costs.","paragraph_id":"para_25"},{"text":"Legal context","paragraph_id":"para_26"},{"text":"European Union law","paragraph_id":"para_27"},{"text":"2","paragraph_id":"para_28"},{"text":"Clause 5 of the Framework Agreement, entitled ‘Measures to prevent abuse’, states, in point 1:","paragraph_id":"para_29"},{"text":"‘To prevent abuse arising from the use of successive fixed-term employment contracts or relationships, Member States, after consultation with social partners in accordance with national law, collective agreements or practice, and/or the social partners, shall, where there are no equivalent legal measures to prevent abuse, introduce in a manner which takes account of the needs of specific sectors and/or categories of workers, one or more of the following measures:","paragraph_id":"para_30"},{"text":"(a)","paragraph_id":"para_31"},{"text":"objective reasons justifying the renewal of such contracts or relationships;","paragraph_id":"para_32"},{"text":"(b)","paragraph_id":"para_33"},{"text":"the maximum total duration of successive fixed-term employment contracts or relationships;","paragraph_id":"para_34"},{"text":"(c)","paragraph_id":"para_35"},{"text":"the number of renewals of such contracts or relationships.’","paragraph_id":"para_36"},{"text":"Italian law","paragraph_id":"para_37"},{"text":"3","paragraph_id":"para_38"},{"text":"Decreto legislativo n. 297 – Approvazione del testo unico delle disposizioni legislative vigenti in materia di istruzione, relative alle scuole di ogni ordine e grado (Legislative Decree No 297 approving the consolidated text of the provisions applicable to education relating to schools of all types and levels) of 16 April 1994 (GURI No 115 of 19 May 1994, Ordinary Supplement No 79; ‘Legislative Decree No 297/1994’) provides, in Article 554:","paragraph_id":"para_39"},{"text":"‘1.   Permanent appointments to fourth-level posts are made through provincial competitive selection procedures based on qualifications, organised annually within the limits of vacant posts by the school authorities on the basis of an order from the Minister of Education, which specifies, in particular, the required qualifications and the assessment criteria.","paragraph_id":"para_40"},{"text":"2.   These competitive selection procedures are open to non-tenured ATA staff who have at least two years’ service, without any disciplinary record, in roles corresponding to those for which the competitive selection procedures are organised. It is possible to take part only in a competitive selection procedure organised in the province in which the candidate is in service on the date of publication of the notice.","paragraph_id":"para_41"},{"text":"3.   Non-tenured ATA staff who have completed at least two years’ service, in whole or in part, in roles of a higher grade than those for which the competitive selection procedures are organised, are entitled to participate in competitive selection procedures for the immediately lower grade.","paragraph_id":"para_42"},{"text":"…","paragraph_id":"para_43"},{"text":"8.   Appointments shall be made, within the limits of the available posts, in accordance with the order of the permanent ranking lists, supplemented and updated with the criteria set out above.’","paragraph_id":"para_44"},{"text":"4","paragraph_id":"para_45"},{"text":"Article 4 of legge n. 124 – Disposizioni urgenti in materia di personale scolastico (Law No 124 laying down urgent provisions on school staff) of 3 May 1999 (GURI No 107 of 10 May 1999; ‘Law No 124/1999’), entitled ‘Supply teaching posts’, states:","paragraph_id":"para_46"},{"text":"‘1.   Where it is not possible to fill teaching posts and senior teaching posts, which are in fact vacant and unfilled by 31 December and which are expected to remain so for the entire school year, with a teacher from the provincial staff allocation list for tenured teaching staff or by calling upon …","paragraph_id":"para_47"},{"text":"2.   In order to fill non-vacant teaching posts and senior teaching posts which become de facto available by 31 December and up to the end of the school year, temporary supply teaching posts lasting until the end of teaching activities shall be created. Provision shall also be made to create temporary supply teaching posts until the end of educational activities for teaching hours that do not permit the creation of full-time or part-time teaching posts.","paragraph_id":"para_48"},{"text":"3.   In cases other than those provided for in paragraphs 1 and 2, temporary supply teaching posts shall be created.","paragraph_id":"para_49"},{"text":"…","paragraph_id":"para_50"},{"text":"11.   The provisions of the preceding paragraphs shall apply also to ATA staff.’","paragraph_id":"para_51"},{"text":"5","paragraph_id":"para_52"},{"text":"Decreto ministeriale n. 430 – Regolamento recante norme sulle modalità di conferimento delle supplenze al personale amministrativo, tecnico ed ausiliario ai sensi dell’articolo 4 della legge 3 maggio 1999, n. 124 (Ministerial Decree No 430 laying down rules for the allocation of supply teaching post …","paragraph_id":"para_53"},{"text":"‘1.   In accordance with Article 4(1), (2), (3) and (11) of [Law No 124/1999], where it is not possible to fill available [ATA staff] posts by assigning surplus staff currently in service or, for whatever reason, staff on permanent contracts, the following shall be created:","paragraph_id":"para_54"},{"text":"(a)","paragraph_id":"para_55"},{"text":"annual supply teaching posts to fill vacant posts available before 31 December and likely to remain available throughout the school year;","paragraph_id":"para_56"},{"text":"(b)","paragraph_id":"para_57"},{"text":"temporary supply teaching posts until the end of teaching activities, to cover non-vacant posts available before 31 December and until the end of the school year;","paragraph_id":"para_58"},{"text":"(c)","paragraph_id":"para_59"},{"text":"temporary supply teaching posts, for any other supply teaching posts requirement not covered by the previous cases, in accordance with the provisions of Article 6.’","paragraph_id":"para_60"},{"text":"6","paragraph_id":"para_61"},{"text":"Article 36 of decreto legislativo n. 165 – Norme generali sull’ordinamento del lavoro alle dipendenze delle amministrazioni pubbliche (Legislative Decree No 165 laying down general rules on the organisation of work in public authorities) of 30 March 2001 (GURI No 106 of 9 May 2001, Ordinary Supplement No 112; ‘Legislative Decree No 165/2001’), entitled ‘Staff on fixed-term contracts or employed under flexible employment relationships’, provides:","paragraph_id":"para_62"},{"text":"‘1.   For requirements connected with their everyday needs, public authorities shall recruit exclusively by means of employment contracts of indefinite duration …","paragraph_id":"para_63"},{"text":"2.   Public authorities may conclude fixed-term employment contracts, training and work experience contracts and contracts for the supply of fixed-term staff, and use the forms of flexible contracts provided for in the [codice civile (Civil Code, Italy)] and other legislation on employment relations …","paragraph_id":"para_64"},{"text":"…","paragraph_id":"para_65"},{"text":"5.   In any event, infringement of mandatory provisions on the recruitment or employment of workers by public authorities cannot lead to the creation of employment relationships of indefinite duration with those public authorities, without prejudice to any liability or sanction which those authoriti …","paragraph_id":"para_66"},{"text":"…","paragraph_id":"para_67"},{"text":"5-quinquies.   Without prejudice to paragraph 5, this article shall not apply to the recruitment of [ATA staff] on fixed-term contracts in State and local authority schools and educational establishments, as well as in higher education institutions in the fields of art, music and dance. …’","paragraph_id":"para_68"},{"text":"7","paragraph_id":"para_69"},{"text":"Legislative Decree No 81/2015 establishes, in Chapter III, entitled ‘Fixed-term employment’, a maximum duration for fixed-term employment contracts (Article 19) and a maximum number of renewals (Article 21). Pursuant to Article 29(2)(c), Chapter III does not apply to ‘fixed-term contracts concluded …","paragraph_id":"para_70"},{"text":"8","paragraph_id":"para_71"},{"text":"Legge n. 107 – Riforma del sistema nazionale di istruzione e formazione e delega per il riordino delle disposizioni legislative vigenti (Law No 107 reforming the national education and training system and introducing delegation measures for the reorganisation of the legislative provisions in force) …","paragraph_id":"para_72"},{"text":"Pre-litigation procedure","paragraph_id":"para_73"},{"text":"9","paragraph_id":"para_74"},{"text":"On 26 July 2019, the Commission sent a letter of formal notice to the Italian Republic, in which it expressed its doubts concerning, inter alia, the compliance of several national provisions applicable to replacement ATA staff employed in public educational establishments with Clause 5 of the Framework Agreement, in relation to the misuse of fixed-term contracts.","paragraph_id":"para_75"},{"text":"10","paragraph_id":"para_76"},{"text":"The Italian Republic replied to the complaints and questions raised in that letter of formal notice in several communications. Following a communication of 29 November 2019, the Commission sent that Member State, on 3 December 2020, an additional letter of formal notice, to which that Member State replied, inter alia, by letters of 6 April and 21 September 2021.","paragraph_id":"para_77"},{"text":"11","paragraph_id":"para_78"},{"text":"On 19 April 2023, the Commission sent a reasoned opinion to the Italian Republic in which, inter alia, it maintained its position that the Italian legislation did not comply with Clause 5 of the Framework Agreement as regards the protection of replacement ATA staff against the misuse of fixed-term contracts, and called on the Italian Republic to take the necessary measures to comply with it within two months of receipt of that opinion.","paragraph_id":"para_79"},{"text":"12","paragraph_id":"para_80"},{"text":"In its reply of 8 February 2024 to the reasoned opinion, the Italian Republic again expressed its disagreement with the Commission’s position.","paragraph_id":"para_81"},{"text":"13","paragraph_id":"para_82"},{"text":"Unconvinced by that reply, the Commission brought the present action for failure to fulfil obligations.","paragraph_id":"para_83"},{"text":"The action","paragraph_id":"para_84"},{"text":"14","paragraph_id":"para_85"},{"text":"By its action, the Commission alleges that the Italian Republic has failed to fulfil its obligations under Clause 5(1) of the Framework Agreement by failing to take measures to prevent the misuse of successive fixed-term contracts for replacement ATA staff employed in public educational establishments.","paragraph_id":"para_86"},{"text":"Arguments of the parties","paragraph_id":"para_87"},{"text":"15","paragraph_id":"para_88"},{"text":"The Commission submits, in the first place, that there is no measure under Italian law adopted under Clause 5(1)(b) and (c) of the Framework Agreement concerning the maximum total duration of fixed-term employment contracts that may be concluded with replacement ATA staff or the number of renewals o …","paragraph_id":"para_89"},{"text":"16","paragraph_id":"para_90"},{"text":"In the second place, that institution submits that Italian law also lacks measures such as those referred to in Clause 5(1)(a) of the Framework Agreement, relating to the objective reasons justifying the renewal of fixed-term employment contracts with ATA staff employed in public educational establishments.","paragraph_id":"para_91"},{"text":"17","paragraph_id":"para_92"},{"text":"In that regard, first, the provisions of Article 4(1) and (11) of Law No 124/1999, which permit the recruitment of ATA staff to fill vacant and unfilled posts in the public education sector on a temporary basis, contain no reference to a requirement, such as a requirement for flexibility specific to …","paragraph_id":"para_93"},{"text":"18","paragraph_id":"para_94"},{"text":"The Commission infers from this that, even if it is conceivable that the national legislation at issue may, in theory, be based on an objective reason such as a requirement for flexibility linked to the specific characteristics of State schools, no such requirement exists in practice.","paragraph_id":"para_95"},{"text":"19","paragraph_id":"para_96"},{"text":"Secondly, and in any event, the mere existence of an objective reason is not sufficient to establish that the national legislation at issue complies with Clause 5(1)(a) of the Framework Agreement, given that, in the light of the guidance from the judgment of 26 November 2014, Mascolo and Others ( C‑ …","paragraph_id":"para_97"},{"text":"20","paragraph_id":"para_98"},{"text":"However, the national legislation at issue does not allow such criteria to be identified. On the contrary, the recruitment of ATA staff on the basis of fixed-term contracts is in fact the usual method of recruitment. In order to take part in competitive selection procedures organised to fill permane …","paragraph_id":"para_99"},{"text":"21","paragraph_id":"para_100"},{"text":"Consequently, according to the Commission, the recruitment of replacement ATA staff by means of fixed-term contracts takes place without the applicable national legislation providing objective reasons within the meaning of Clause 5(1)(a) of the Framework Agreement, since that legislation, on the con …","paragraph_id":"para_101"},{"text":"22","paragraph_id":"para_102"},{"text":"In the third place, and for the sake of completeness, the Commission adds that, if the Italian Republic were to take the view that the organisation of several competitive selection procedures in recent years falls within the concept of ‘equivalent legal measures’ within the meaning of Clause 5(1)(a) …","paragraph_id":"para_103"},{"text":"23","paragraph_id":"para_104"},{"text":"The Italian Republic, for its part, considers that it has complied with the obligations arising from Clause 5(1) of the Framework Agreement.","paragraph_id":"para_105"},{"text":"24","paragraph_id":"para_106"},{"text":"In the first place, that Member State notes that access to permanent posts in the public education sector is achieved through the selection procedures referred to in Article 554 of Legislative Decree No 297/1994, which are open exclusively to non-permanent ATA staff with at least two years’ service …","paragraph_id":"para_107"},{"text":"25","paragraph_id":"para_108"},{"text":"In the second place, such a recruitment mechanism takes account of the specific features of the school system, namely the significant variability in demand for ATA staff according to the number of pupils attending the various schools and geographical areas and the close link between the required number of ATA staff and the size of the student population. Those specific features constitute objective reasons within the meaning of Clause 5(1)(a) of the Framework Agreement.","paragraph_id":"para_109"},{"text":"26","paragraph_id":"para_110"},{"text":"In that context, the Italian Republic points out, first, that it does not appear that that provision requires such objective reasons to be set out in substantive law.","paragraph_id":"para_111"},{"text":"27","paragraph_id":"para_112"},{"text":"Secondly, the increase in ATA staff referred to by the Commission is due to the need to remedy the structural shortage of staff within a system requiring staff rotation. In that regard, however, that Member State emphasises, in its rejoinder, that its argument should not be understood to mean that that structural shortage of staff constitutes, in itself, an objective reason within the meaning of Clause 5(1)(a) of the Framework Agreement.","paragraph_id":"para_113"},{"text":"28","paragraph_id":"para_114"},{"text":"In the third place, the Ministry of Education, from 2019 to 2021, limited the use of fixed-term employment contracts in the case of ATA staff by implementing various recruitment procedures. Furthermore, for the 2023/2024 academic year, it was authorised to recruit a total of 9975 staff members on pe …","paragraph_id":"para_115"},{"text":"29","paragraph_id":"para_116"},{"text":"In the fourth place, the Italian Republic, without waiving its right of defence, points out that it is preparing amendments to the applicable legislation aimed at giving all replacement ATA staff employed in public educational establishments a real chance of securing long-term employment through the …","paragraph_id":"para_117"},{"text":"30","paragraph_id":"para_118"},{"text":"The Italian Republic, therefore, asks the Court to dismiss the Commission’s action as unfounded or, in the alternative, to stay the proceedings pursuant to Article 55 of the Rules of Procedure of the Court of Justice, so as to enable it to adopt the necessary legislative amendments within a reasonable time.","paragraph_id":"para_119"},{"text":"Findings of the Court","paragraph_id":"para_120"},{"text":"31","paragraph_id":"para_121"},{"text":"It should be noted that Clause 5 of the Framework Agreement, the purpose of which is to implement one of the objectives of that agreement, namely to place limits on the use of successive fixed-term employment contracts or relationships, requires Member States, in point 1 thereof, to adopt one or mor …","paragraph_id":"para_122"},{"text":"32","paragraph_id":"para_123"},{"text":"The Member States enjoy a certain discretion in that regard since they have the choice of relying on one or more of the measures listed in Clause 5(1)(a) to (c), or on existing equivalent legal measures (judgment of 25 October 2018, Sciotto, C‑331/17 , EU:C:2018:859 , paragraph  33 and the case-law cited).","paragraph_id":"para_124"},{"text":"33","paragraph_id":"para_125"},{"text":"In the present case, as regards, in the first place, the measures provided for in Clause 5(1)(b) and (c) of the Framework Agreement, relating to the maximum total duration of fixed-term contracts and the number of renewals thereof, the Commission states, without being contradicted by the Italian Rep …","paragraph_id":"para_126"},{"text":"34","paragraph_id":"para_127"},{"text":"In challenging the Commission’s assertions, the Italian Republic points out that, whilst the provision setting a maximum duration of 36 months for fixed-term employment contracts concluded with the ATA staff at issue was in fact repealed, such repeal was in fact intended to enable that staff to gain …","paragraph_id":"para_128"},{"text":"35","paragraph_id":"para_129"},{"text":"It must be noted that such an argument merely confirms the absence, in Italian law, of measures to limit the maximum duration or number of fixed-term employment contracts that may be concluded with the ATA staff at issue and, consequently, the absence of measures to prevent the misuse of successive fixed-term employment contracts within the meaning of Clause 5(1)(b) and (c) of the Framework Agreement.","paragraph_id":"para_130"},{"text":"36","paragraph_id":"para_131"},{"text":"In those circumstances, it is necessary to examine, in the second place, whether Italian law provides, in respect of fixed-term employment contracts concluded with replacement ATA staff, for the measure referred to in Clause 5(1)(a) of the Framework Agreement, relating to the objective reasons justifying the renewal of fixed-term employment contracts or relationships.","paragraph_id":"para_132"},{"text":"37","paragraph_id":"para_133"},{"text":"In that regard, the Court has already held that the concept of ‘objective reasons’ must be understood as referring to precise and concrete circumstances characterising a given activity, which are therefore capable, in that particular context, of justifying the use of successive fixed-term employment …","paragraph_id":"para_134"},{"text":"38","paragraph_id":"para_135"},{"text":"On the other hand, a national provision which merely authorises recourse to successive fixed-term employment contracts in a general and abstract manner by a rule of statute or secondary legislation does not accord with the requirements as stated in the previous paragraph of the present judgment. Suc …","paragraph_id":"para_136"},{"text":"39","paragraph_id":"para_137"},{"text":"In the present case, it is apparent from the explanations provided by the Commission that its criticism relates primarily to the provisions of Article 4(1) and (11) of Law No 124/1999, which were also at issue in the case which gave rise to the judgment of 26 November 2014, Mascolo and Others ( C‑22 …","paragraph_id":"para_138"},{"text":"40","paragraph_id":"para_139"},{"text":"In that regard, first, whilst the Italian Republic does not appear, in the present case, to rely, as an objective reason within the meaning of Clause 5(1)(a) of the Framework Agreement, on the need to fill, on a temporary basis, posts intended for permanent staff, that is to say, pending the complet …","paragraph_id":"para_140"},{"text":"41","paragraph_id":"para_141"},{"text":"That said, in order for national legislation intended to take account of such a need to be regarded as being justified by an objective reason, the competent authorities must be able to identify, when applying that legislation in practice, objective and transparent criteria in order to ascertain whet …","paragraph_id":"para_142"},{"text":"42","paragraph_id":"para_143"},{"text":"In that context, the Commission submits, without being contradicted by the Italian Republic, first, that the national legislation at issue does not lay down any specific time limit for the organisation of competitive selection procedures, which it states is subject to budgetary constraints and is, m …","paragraph_id":"para_144"},{"text":"43","paragraph_id":"para_145"},{"text":"Those factors, which have not been refuted and indeed have been acknowledged by the Italian Republic, demonstrate that under the national legislation at issue, although recourse to fixed-term employment contracts for the purpose of filling by way of replacement on an annual basis posts that are vaca …","paragraph_id":"para_146"},{"text":"44","paragraph_id":"para_147"},{"text":"In particular, the fact that, under Article 554(2) of Legislative Decree No 297/1994, ATA staff must, in order to be eligible to take part in competitive selection procedures leading to permanent appointment and, thereby, to a permanent post, satisfy the condition of ‘[having] at least two years’ se …","paragraph_id":"para_148"},{"text":"45","paragraph_id":"para_149"},{"text":"In those circumstances, the need to fill permanent posts on a temporary basis pending the completion of competitive selection procedures organised for the recruitment of permanent staff, as referred to in Article 4(1) of Law No 124/1999, cannot, in the present case, be regarded as constituting an ‘o …","paragraph_id":"para_150"},{"text":"46","paragraph_id":"para_151"},{"text":"Secondly, as regards the need for flexibility specific to public education, relied on by the Italian Republic, it should be noted that the Court has already held that such a need, in particular in so far as it relates to ensuring a balance between the number of workers in posts within the public edu …","paragraph_id":"para_152"},{"text":"47","paragraph_id":"para_153"},{"text":"That said, whilst it is conceivable in the present case that paragraphs 2 and 3 of Article 4 of Law No 124/1999 fall within the scope of such a need for flexibility as regards the recruitment of ATA staff, in so far as those provisions concern the possibility of filling temporarily vacant posts, oth …","paragraph_id":"para_154"},{"text":"48","paragraph_id":"para_155"},{"text":"In those circumstances, even assuming that the national legislation at issue pursues the objective relied on by the Italian Republic, namely to allow account to be taken of the need for flexibility specific to the public education sector, the legal situation of ATA staff resulting from that legislation, as presented to the Court, does not satisfy the requirements of clarity and precision which must characterise national implementing measures.","paragraph_id":"para_156"},{"text":"49","paragraph_id":"para_157"},{"text":"Such an objective cannot render that legislation compatible with Clause 5(1)(a) of the Framework Agreement, since it does not demonstrate the existence of precise and concrete circumstances characterising the activity in question and, therefore, justify, in that particular context, the use of succes …","paragraph_id":"para_158"},{"text":"50","paragraph_id":"para_159"},{"text":"That is all the more so in the present case because the vacant and unfilled posts to which Article 4(1) and (11) of Law No 124/1999 refers are intended to be filled by permanent staff and are thus, a priori, not of a temporary but of a permanent nature.","paragraph_id":"para_160"},{"text":"51","paragraph_id":"para_161"},{"text":"It follows that the need for flexibility specific to the public education sector, as invoked by the Italian Republic, cannot be accepted in the present case as grounds for considering that the national legislation at issue provides, in accordance with Clause 5(1)(a) of the Framework Agreement, an ‘objective reason’ justifying the renewal of fixed-term employment contracts concluded with ATA staff employed in public educational establishments.","paragraph_id":"para_162"},{"text":"52","paragraph_id":"para_163"},{"text":"In the third place, as regards the possible existence, in Italian law, of ‘equivalent legal measures’, within the meaning of Clause 5(1) of the Framework Agreement, it should be recalled that that expression is intended to cover any measure of national law which, like the measures laid down by that …","paragraph_id":"para_164"},{"text":"53","paragraph_id":"para_165"},{"text":"In the present case, it should be noted that, although the Commission addresses the possibility that the Italian Republic might seek to rely on the adoption of such equivalent legal measures, on the ground that it has organised, in recent years, a series of competitive selection procedures enabling …","paragraph_id":"para_166"},{"text":"54","paragraph_id":"para_167"},{"text":"That said, and in any event, it is true that the Court has held that the organisation, within the required time limits, of selection procedures aimed at permanently filling posts temporarily occupied by fixed-term workers is such as to prevent the precarious status of those workers from becoming per …","paragraph_id":"para_168"},{"text":"55","paragraph_id":"para_169"},{"text":"However, as the Commission has pointed out, without being contradicted by the Italian Republic, it appears, in the present case, that the competitive selection procedures organised in the recent past with a view to granting permanent status to workers classified as ATA staff were not held within spe …","paragraph_id":"para_170"},{"text":"56","paragraph_id":"para_171"},{"text":"In the fourth place and finally, in so far as the Italian Republic considers that the proceedings should be stayed pending the adoption of certain legislative amendments currently being prepared, which provide for new mechanisms for the career progression and recruitment of ATA staff and which, in i …","paragraph_id":"para_172"},{"text":"57","paragraph_id":"para_173"},{"text":"It must, therefore, be held that the national legislation at issue does not provide for any of the measures provided for in Clause 5(1)(a) to (c) of the Framework Agreement or contain equivalent legal measures within the meaning of that provision. Accordingly, the action brought by the Commission is well founded.","paragraph_id":"para_174"},{"text":"58","paragraph_id":"para_175"},{"text":"In the light of the foregoing considerations, it must be held that, by failing to adopt measures to prevent the misuse of successive fixed-term contracts for replacement ATA staff employed in public educational establishments, the Italian Republic has failed to fulfil its obligations under Clause 5 of the Framework Agreement.","paragraph_id":"para_176"},{"text":"Costs","paragraph_id":"para_177"},{"text":"59","paragraph_id":"para_178"},{"text":"Under Article 138(1) of the Rules of Procedure, the unsuccessful party must be ordered to pay the costs if they have been applied for in the other party’s pleadings. 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