Judgment_paragraph 91 · Raffaella Mascolo and Others v Ministero dell’Istruzione, dell’Università e della Ricerca and Comune di Napoli (C-22/13, C-61/13, C-62/13, C-63/13, C-418/13)

91National legislation which allows the renewal of fixed-term employment contracts for the purpose of replacing, first, staff of schools administered by the State pending the outcome of competitive selection procedures for the recruitment of tenured staff and, second, staff of those schools who are momentarily unable to perform their tasks is not per se contrary to the Framework Agreement. The temporary replacement of a worker in order to satisfy, in essence, the employer’s temporary staffing requirements may, in principle, constitute an ‘objective reason’ within the meaning of clause 5(1)(a) of the Framework Agreement (see, to this effect, judgments in Angelidaki and Others, C‑378/07 to C‑380/07, EU:C:2009:250, paragraphs 101 and 102, and Kücük, EU:C:2012:39, paragraph 30).