Court of Justice 3 September 2026, C-380/25 (Opinion of Advocate General Norkus delivered on 3 September 2026.)

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Advocate General Norkus opines in Case C‑380/25 that Clause 5 of the Framework Agreement on fixed-term work (annexed to Directive 1999/70/EC) does not, in principle, preclude national legislation excluding the agricultural sector from the general rules transposing that Directive, provided that sector-specific rules—here, a collective agreement (CCNL) conditioning conversion of fixed-term contracts into indefinite-duration employment on 180 days of actual work within 12 months of recruitment and requiring exercise of that right within six months—fulfil the requirements of Clause 5. The Opinion holds, however, that such sector-specific measures are compatible with EU law only if the 180-day threshold distinguishes workers meeting temporary seasonal needs from those covering permanent needs, is calculated in a manner that does not substantially reduce the effectiveness of abuse prevention, is supported by effective monitoring controls, and the conversion procedure respects the principles of equivalence and effectiveness. The referring court (Corte suprema di cassazione, Italy) is directed to verify in concreto whether the successive fixed-term contracts concluded with the appellants responded to genuinely temporary needs or instead covered the employer's fixed and permanent staffing requirements.AI