35The Court has held that 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 first fixed-term employment contract of the worker concerned had been extended automatically, without any formal conclusion in writing of one or more new fixed-term employment contracts in a situation in which, moreover, 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 definitively to fill that vacant post, with the result that his or her employment relationship was consequently implicitly extended for several years, risks compromising the object, the aim and the practical effect of that agreement (see, to that effect, judgments of 19 March 2020, Sánchez Ruiz and Others, C‑103/18 and C‑429/18, EU:C:2020:219, paragraph 61, and of 11 February 2021, M.V. and Others (Successive fixed-term employment contracts in the public sector), C‑760/18, EU:C:2021:113, paragraph 44).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.