Request for a preliminary ruling from the Tribunale Civile di Padova (Italy) lodged on 13 July 2023 – KV v Consiglio Nazionale delle Ricerche

(Case C-439/23, Consiglio Nazionale delle Ricerche)

Language of the case: Italian

Referring court

Tribunale Civile di Padova

Parties to the main proceedings

Applicant: KV

Defendant: Consiglio Nazionale delle Ricerche

Questions referred

Should clause 4(1) of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP be applied: ¹

–    ratione temporis to fixed-term employment relationships established and concluded as a result of the expiry of the contractual term prior to the entry into force of Directive 1999/70/EC (10 July 1999);

–    ratione temporis to fixed-term employment relationships established on the basis of an individual employment contract entered into before the entry into force of Directive 1999/70/EC (10 July 1999) and concluded as a result of the expiry of the contractual term on a date between the entry into force of the directive and the expiry of the deadline given to the Member States for its transposition (10 July 2001); or

–    ratione temporis to fixed-term employment relationships established on the basis of an individual employment contract entered into in the period between the entry into force of Directive 1999/70/EC (10 July 1999) and the expiry of the deadline given to Member States for its transposition (10 July 2001), and concluded as a result of the expiry of the contractual term after that latter date?

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¹ OJ 1999 L 175, p. 43.