61As was, in essence, noted by the Advocate General in point 44 of her Opinion, finding an absence of successive fixed-term employment relationships, within the meaning of Clause 5 of the Framework Agreement, on the sole ground that the worker concerned, although he was subject to several appointments, continuously occupied the same post over several years and continuously performed the same functions, although that worker’s continuation in a vacant post on the basis of a fixed-term employment relationship is the consequence of the employer’s failure to comply with its legal obligation to organise, within the relevant deadline, a selection procedure seeking to definitively fill that vacant post and his employment relationship was thereby extended from year to year, risks compromising the object, the aim and the practical effect of that agreement.
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