Article 21 - Non-discrimination
Article 30 - Protection in the event of unjustified dismissal
Article 47 - Right to an effective remedy and to a fair trial
Article 52 - Scope and interpretation
Key facts of the case:
Reference for a preliminary ruling – Social policy – Directive 1999/70/EC – Framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP – Clause 4 – Principle of non-discrimination – Difference in treatment in the event of dismissal – Termination of a fixed-term employment contract – No obligation to state the reasons for termination – Judicial review – Article 47 of the Charter of Fundamental Rights of the European Union.
Outcome of the case:
On those grounds, the Court (Grand Chamber) hereby rules:
Clause 4 of the framework agreement on fixed-term work concluded on 18 March 1999 which is 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
must be interpreted as precluding national legislation according to which an employer is not required to state, in writing, the reasons for the termination of a fixed-term employment contract with a notice period, although it is bound by such an obligation in the event of termination of an employment contract of indefinite duration. The national court hearing a dispute between individuals is required, where it is not possible for it to interpret the applicable national law in a way which is consistent with that clause, to ensure, within its jurisdiction, the judicial protection which individuals derive from Article 47 of the Charter of Fundamental Rights of the European Union and to guarantee the full effectiveness of that article by disapplying, in so far as necessary, any contrary provision of national law.
22 The referring court confirms, in the request for a preliminary ruling, that, under Polish law, where a worker brings an action against the termination of his or her fixed-term employment contract, the court having jurisdiction does not review the reason for dismissal and the worker concerned is not entitled to any compensation based on the absence of justification for that dismissal. Consequently, such a worker is deprived of the protection deriving from Article 30 of the Charter, according to which ‘every worker has the right to protection against unjustified dismissal, in accordance with Union law and national laws and practices’.
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27 The referring court adds that, in that context, it is necessary to take into consideration, inter alia, the judgments of 22 January 2019, Cresco Investigation (C‑193/17, EU:C:2019:43), and of 19 April 2016, DI (C‑441/14, EU:C:2016:278). It states, in that regard, that the criteria whose application is prohibited for the purpose of drawing a distinction between workers and which formed the subject matter of those two judgments, namely religion in the case which gave rise to the judgment of 22 January 2019, Cresco Investigation (C‑193/17, EU:C:2019:43), and age in the case which gave rise to the judgment of 19 April 2016, DI (C‑441/14, EU:C:2016:278), are expressly referred to in Article 21 of the Charter, whereas an employment relationship under a fixed-term employment contract is not one of the criteria listed in that provision. However, the referring court points out that Article 21(1) of the Charter prohibits all discrimination since the list of criteria to which it refers is not exhaustive, as is shown by the use of the expression ‘such as’ in that provision.
32 Thus, without it being necessary to rule on the request for an interpretation of Article 21 of the Charter, it must be considered that, by its questions, which it is appropriate to examine together, the referring court asks, in essence, whether clause 4 of the framework agreement must be interpreted as precluding national legislation under which an employer is not required to state, in writing, the reasons for the termination of a fixed-term employment contract with a notice period, although it is bound by such an obligation in the event of termination of an employment contract of indefinite duration, and whether that clause may be relied on in a dispute between individuals.
77 That being said, when adopting legislation specifying and giving specific expression to the employment conditions which are governed, inter alia, by clause 4 of the framework agreement, a Member State implements EU law, for the purposes of Article 51(1) of the Charter, and must therefore ensure compliance, inter alia, with the right to an effective remedy enshrined in Article 47 of the Charter (see, by analogy, judgment of 6 October 2020, État luxembourgeois (Right to bring an action against a request for information in tax matters), C‑245/19 and C‑246/19, EU:C:2020:795, paragraphs 45 and 46 and the case-law cited).
78 It follows from what has been stated in paragraphs 47 to 56 of the present judgment that the national legislation at issue in the main proceedings – which provides that a fixed-term worker whose employment contract is terminated with a notice period is not at the outset informed in writing of the reason or reasons for that dismissal, unlike a permanent worker – restricts the access of such a fixed-term worker to legal proceedings, the guarantee of which is enshrined in particular in Article 47 of the Charter. That worker is, in that way, deprived of important information for assessing whether his or her dismissal is unjustified and, where appropriate, to prepare a challenge to that dismissal before the courts.
79 In the light of those considerations, it must be held that the difference in treatment introduced by the applicable national law, as established in paragraph 56 of the present judgment, undermines the fundamental right to an effective remedy enshrined in Article 47 of the Charter, since a fixed-term worker is deprived of the possibility, which is however available to a permanent worker, of assessing beforehand whether he or she should bring legal proceedings against the decision terminating his or her employment contract and, where appropriate, to bring an action challenging in a precise manner the reasons for such a termination. Moreover, in view of what has been stated in paragraphs 60 to 67 of the present judgment, the factors relied on by the Polish Government are not such as to justify such a limitation of that right, pursuant to Article 52(1) of the Charter.
80 The Court has stated that Article 47 of the Charter is sufficient in itself and does not need to be made more specific by provisions of EU or national law to confer on individuals a right on which they may rely as such (see, to that effect, judgment of 17 April 2018, Egenberger, C‑414/16, EU:C:2018:257, paragraph 78).
81 Consequently, in the situation referred to in paragraph 76 of the present judgment, the national court is required to ensure, within its jurisdiction, the judicial protection which individuals derive from Article 47 of the Charter, read in conjunction with clause 4(1) of the framework agreement, as regards the right to an effective remedy, which includes access to justice, and therefore to disapply Article 30(4) of the Labour Code to the extent necessary to ensure the full effect of that provision of the Charter (see, to that effect, judgments of 17 April 2018, Egenberger, C‑414/16, EU:C:2018:257, paragraph 79, and of 8 March 2022, Bezirkshauptmannschaft Hartberg-Fürstenfeld (Direct effect), C‑205/20, EU:C:2022:168, paragraph 57).
82 In the light of all the foregoing considerations, the answer to the questions referred is that clause 4 of the framework agreement must be interpreted as precluding national legislation according to which an employer is not required to state, in writing, the reasons for the termination of a fixed-term employment contract with a notice period, although it is bound by such an obligation in the event of termination of an employment contract of indefinite duration. The national court hearing a dispute between individuals is required, where it is not possible for it to interpret the applicable national law in a way which is consistent with that clause, to ensure, within its jurisdiction, the judicial protection which individuals derive from Article 47 of the Charter and to guarantee the full effectiveness of that article by disapplying, in so far as necessary, any contrary provision of national law.
