Judgment_paragraph 49 · Cristiano Marrosu and Gianluca Sardino v Azienda Ospedaliera Ospedale San Martino di Genova e Cliniche Universitarie Convenzionate (C-53/04)

49However, as is apparent from paragraph 105 of the judgment in Adeneler and Others, in order for national legislation, such as that at issue here — which, in the public sector only, prohibits a succession of fixed-term contracts from being converted into an indefinite employment contract — to be regarded as compatible with the framework agreement, the domestic law of the Member State concerned must include, in that sector, another effective measure to prevent and, where relevant, punish the abuse of successive fixed-term contracts.