Sibilio (French Text) [2012] EUECJ C-157/11 (15 March 2012)

Sibilio (French Text) [2012] EUECJ C-157/11 (15 March 2012)

Clause 2 of the framework agreement does not preclude national legislation from excluding 'socially useful workers' from its scope where they do not have an employment relationship as defined by national law, collective agreements, or practices, or where Member States have exercised the exclusion option under clause 2(2).

Citation
[2012] EUECJ C-157/11
Parties
Applicant: Giuseppe Sibilio; Respondent: Comune di Afragola
Jurisdiction
European Union
Judgment Date
15 March 2012
Procedural Posture
Preliminary Reference / Judgment
Outcome
preliminary reference answered
Legal Topics
Fixed Term Employment, Non Discrimination, Definition of Employment Relationship, Socially Useful Work
European Union Law Employment Law Fixed Term Employment Non Discrimination Definition of Employment Relationship Socially Useful Work

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Parties

Giuseppe Sibilio

Applicant

Comune di Afragola

Respondent

Procedural Posture

Preliminary Reference / Judgment

Legal Issues

  1. 1 Applicability of Directive 1999/70/EC and the framework agreement to 'socially useful workers' under Italian law
  2. 2 Whether national law excluding 'socially useful workers' from employment relationship violates principle of non-discrimination

Ratio Decidendi

Clause 2 of the framework agreement does not preclude national legislation from excluding 'socially useful workers' from its scope where they do not have an employment relationship as defined by national law, collective agreements, or practices, or where Member States have exercised the exclusion option under clause 2(2).

Court Disposition

preliminary reference answered

Orders

  • Clause 2 of the framework agreement does not preclude national law from excluding 'socially useful workers' from its scope if they do not have an employment relationship as defined by national law or if the exclusion option under clause 2(2) is exercised.
  • Costs to be determined by the referring court.