Close Menu
    Latest Category
    • Finance
    • Tech
    • EU Law
    • Energy
    • About
    • Contact
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Login
    • EU News
    • Focus
    • Guides
    • Press
    • Jobs
    • Events
    • Directory
    EUbusiness.com | EU news, business and politicsEUbusiness.com | EU news, business and politics
    Home » EU Court rules on Spanish use of rolling fixed-term contracts

    EU Court rules on Spanish use of rolling fixed-term contracts

    npsBy nps14 September 2016Updated:25 June 2024 No Comments2 Mins Read
    — Filed under: employment EU Law EU News Headline2 Health Spain
    Share
    Facebook Twitter LinkedIn Pinterest Email
    EU Court rules on Spanish use of rolling fixed-term contracts

    Nursing

    (LUXEMBOURG) – The use of successive fixed-term contracts to cover permanent needs in the healthcare sector are contrary to EU law, the European Court of Justice ruled on Wednesday.

    The case concerned a nurse at the University Hospital of Madrid, Ms Maria Elena Perez Lopez, who had been recruited in 2009 to cover temporary needs, then had her contract renewed seven times under identically worded fixed-term contracts.

    Shortly before her last contract expired, in March 2013, she was informed she would be appointed again, even though she had worked without a break for the hospital between February 2009 and June 2013. Meanwhile, she was informed that her employment relationship would subsequently cease.

    Ms Perez Lopez appealed, arguing that her successive appointments were not intended to meet a temporary need. The Spanish court before which the legal proceedings were brought asked the EU Court of Justice whether the Spanish legislation which allows the renewal of fixed-term contracts in the healthcare sector infringes the EU’s framework agreement on fixed-term work – under which the Member States must introduce measures to prevent abuse arising from the use of successive fixed-term employment contracts and thereby avoid job insecurity for employees.

    The EU Court finds that EU law precludes national legislation which allows the renewal of fixed-term contracts to cover temporary staff needs, when those needs are, in fact, permanent.

    The framework agreement requires EU Member States to make provision in their legislation, with a view to preventing abusive use of fixed-term contracts, for at least one of the following three measures by any means they choose: (1) the objective grounds on which renewal of the fixed-term contract may be justified, (2) the total maximum duration for which such contracts may be concluded successively and (3) the number of possible renewals of such contracts.

    The Court also notes that the Spanish administration is under no obligation to create permanent posts and is permitted to fill posts by hiring temporary staff without limitation either as to the duration of the contracts or the number of their renewals. It follows that the insecure situation of workers is perpetuated.

    Spanish legislation, by allowing the renewal of fixed-term contracts in order to cover fixed and permanent needs, despite the existence of a structural deficit of posts, infringes the framework agreement, says the Court.

    Case texts and documents

    Add A Comment
    Leave A Reply Cancel Reply

    You must be logged in to post a comment.

    nps
    • Website

    Related Content

    EUSPA logo

    Senior Legal and Procurement Officer, European Union Agency for the Space Programme, EUSPA

    Supercomputing - Leonardo - Photo © European Union 2025

    EU Council paves way for the creation of AI gigafactories

    EU agenda - Image by Andreas Lischka from Pixabay

    EU Agenda: Week Ahead – 19-24 January 2026

    Euro coins and notes - Photo by Pixabay

    Eurozone Economic Calendar

    Oil tanker - Image by Erich Westendarp from Pixabay

    New EU mechanism to lower price cap for Russian crude oil to $44,10 per barrel

    Robot doctor - Image by Thomas Meier from Pixabay

    EU launches EUR 307m artificial intelligence and related technologies calls

    LATEST EU NEWS
    Supercomputing - Leonardo - Photo © European Union 2025

    EU Council paves way for the creation of AI gigafactories

    18 January 2026
    Oil tanker - Image by Erich Westendarp from Pixabay

    New EU mechanism to lower price cap for Russian crude oil to $44,10 per barrel

    15 January 2026
    Robot doctor - Image by Thomas Meier from Pixabay

    EU launches EUR 307m artificial intelligence and related technologies calls

    15 January 2026
    Valdis Dombrovskis - Photo © European Union 2026

    Brussels presents 2026–2027 financial support package for Ukraine

    14 January 2026
    Renewable energy - Image by Maria Maltseva from Pixabay

    Nearly 50pct EU electricity came from renewables in 2024

    14 January 2026

    Subscribe to EUbusiness Week

    Get the latest EU news

    CONTACT INFO

    • EUbusiness, 117 High Street, Chesham Buckinghamshire, HP5 1DE, United Kingdom
    • +44(0)20 8058 8232
    • service@eubusiness.com

    INFORMATION

    • About Us
    • Advertising
    • Contact Info

    Services

    • Privacy Policy
    • Terms
    • EU News

    SOCIAL MEDIA

    Facebook
    eubusiness.com © EUbusiness Ltd 2026

    Type above and press Enter to search. Press Esc to cancel.

    Sign In or Register

    Welcome Back!

    Login to your account below.

    Lost password?