Márquez Samohano v Universitat Pompeu Fabra – WLR Daily

Márquez Samohano v Universitat Pompeu Fabra: (Case C-190/13); [2014] WLR (D)  129

‘Clause 5 of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, did not preclude national rules which allowed universities to renew successive fixed term employment contracts concluded with associate lecturers, with no limitation as to the maximum duration and the number of renewals of those contracts, where such contracts were justified by an objective reason within the meaning of clause 5(1)(a), which was a matter for the referring court to verify. It was also for that court to ascertain that whether the renewal of the successive fixed-term employment contracts at issue was actually intended to cover temporary needs and that rules were not, in fact, used to meet fixed and permanent needs in terms of employment of teaching staff.’

WLR Daily, 13th March 2014

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