Konstantinos Adeneler et al. v. Ellinikos Organismos Galaktos (ELOG)
European Union Court of Justice
E.C.J. Case C-212/04, 2006 E.C.R. I-6057 (2006)
- Written by Elliot Stern, JD
Facts
Konstantinos Adeneler (plaintiff) was an employee of Ellinikos Organismos Galaktos (ELOG) (defendant). Adeneler worked for ELOG based on a series of fixed-term contracts. Adeneler sued ELOG in a Greek court, arguing that the clauses in Adeneler’s contract that limited the duration of his employment with ELOG violated a directive enacted by the European Union (EU) that regulated fixed-term contracts. Adeneler sought a judicial declaration that the duration provisions of the employment contracts with ELOG were void and that the contracts should be considered employment contracts of unlimited duration. At the time the contracts that were the subject of the lawsuit were signed, the EU directive had not yet been implemented in domestic Greek legislation. However, the deadline set by the EU directive for EU member states to implement the directive had not yet expired. The Greek court asked the European Union Court of Justice for a preliminary ruling on the question of at what point in time the duty of member states to interpret national law in conformity with EU law arose.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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