Order of the Court (Seventh Chamber) of 8 January 2024 (request for a preliminary ruling from the Corte suprema di cassazione – Italy) – M.M., acting as successor in title to M.R. v Ministero della Difesa

(Case C-278/83, ¹ Biltena ² )

(Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court of Justice – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 5 – Fixed-term employment contracts in the public sector – Successive contracts – Prohibition on converting fixed-term contracts to open-ended contracts – Teaching non-military subjects in military schools)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Applicant: M.M., acting as successor in title to M.R.

Defendant: Ministero della Difesa

Operative part of the order

Clause 5 of the framework agreement on fixed-term work concluded on 18 March 1999 which is set out in the annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP

must be interpreted as precluding national legislation which excludes civilian staff, responsible for teaching non-military subjects in military schools, from the application of rules designed to penalise the misuse of successive fixed-term contracts, in so far as that legislation does not include any other effective measure to prevent and, where relevant, penalise the misuse of successive fixed-term contracts. Reasons relating to the organisational requirements of those schools are not capable of constituting ‘objective reasons’ justifying the renewal of such contracts with such teaching staff responsible for teaching such subjects, within the meaning of clause 5(1)(a) of that framework agreement.

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¹ OJ C 261, 24.7.2023.

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.