Request for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 12 March 2020 — JS v Câmara Municipal de Gondomar

(Case C-135/20)

Language of the case: Portuguese

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Applicant: JS

Defendant: Câmara Municipal de Gondomar

Questions referred

Should EU law, in particular Clause 5 of the framework agreement annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, ¹ be interpreted as precluding national legislation which in all cases prohibits the conversion of fixed-term employment contracts concluded by public law entities into contracts of an indefinite duration?

Should Directive 1999/70/EC be interpreted as requiring the conversion of the contracts as being the only means to prevent abuse arising from the use of successive fixed-term employment contracts?

____________

¹ Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43).