Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 28 April 2023 – M.M., as heir of M.R. v Ministero della Difesa

(Case C-278/23, Biltena ¹ )

Language of the case: Italian

Referring court

Corte suprema di cassazione (Italy)

Parties to the main proceedings

Appellant: M.M., as heir of M.R.

Respondent: Ministero della Difesa

Questions referred

Must clause 5, ‘Measures to prevent abuse’, of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP annexed to Council Directive 1999/70/EC ¹ of 28 June 1999 be interpreted as precluding national legislation, such as the Italian legislation contained in Article 2(1) of legge n. 1023 del 1969 (Law No 1023 of 1969) and Article 1 of the Decreto Ministeriale 20 dicembre 1971 (Ministerial Decree of 20 December 1971), providing for annual appointments of civilian staff outside the State administration (pursuant to Article 7 of the Ministerial Decree of 20 December 1971 ‘for a maximum period of one school year’) for the teaching of non-military subjects in the schools, establishments and bodies of the Italian navy and air force, without the need to state any objective reasons justifying the renewal of the appointments (expressly provided for in Article 4 of that ministerial decree, which provides for a reduction in remuneration for the second appointment), the maximum total duration of fixed-term contracts or the maximum number of renewals, and without providing for the possibility for those teachers to obtain compensation for any damage suffered as a result of such renewal, in the absence, moreover, of any schoolteacher role in such schools to which they might have access?

Do the organisational requirements of the Italian navy and air force’s system of establishments, schools and bodies constitute objective reasons, pursuant to clause 5(1) [of the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, annexed to] Directive 1999/70/EC of 28 June 1999, and therefore render legislation such as the abovementioned Italian legislation – which, with regard to the appointment of staff external to such military establishments, schools and bodies to carry out teaching, does not lay down conditions for having recourse to fixed-term work in accordance with Directive 1999/70/EC and the annexed framework agreement, and does not provide for a right to compensation for damage – compatible with EU law?

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¹     The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

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).