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… It has also been shown that this cannot be either suspended or (it is a ‘délai préfix’ or strict time-). 20. …

… In this connection, while Cofidis and the French Government have no doubt that Article L. 311-37 complies with the of , both dwell at greater length on the of protection, noting that the Court has accepted limitation periods of a year (34) or even of just 30 days (35) as being compatible with that criterion, so that the time-limit under Article L. 311-37 should certainly be regarded as reasonable, particularly since, firstly, the purpose of setting such time-limits …

… But it is also true that, according to the case-law of the Court that I have cited, this freedom may only be exercised subject to the of and of protection, to be considered in the light of the circumstances of individual cases. (42) In the light of what I have said earlier, it seems to me that to impose a limitation period for the determination that a term in a contract is unfair, whether by a court of its own motion or following a plea by the consumer when defending …

… However, as regards the transposition of Community law, the the Court has developed in its consistent case-law must be observed. These are the of and . …

… However, it appears from the judgments referred to above (49) that the of and must be observed, and the specific circumstances and legislative context of the individual case must be taken into account, when considering whether limitation provisions are compatible with Community law. (50) 99. It has already been shown above (51) that the of and apply in particular where there are no Community rules governing a matter. …

… Directive 89/665 does not contain any express provision in that regard. (52) Thus, the decision as to the validity of limitation provisions depends on whether the of and are observed. 100. As regards the of , in the absence of any information to the contrary it is to be assumed that the limitation period relates in the same way to claims to enforce rights under national law as it does to claims to enforce rights under Community law. 101. …

… JUDGMENT OF THE COURT 16 May 2000 (1) (Social policy - Men and women - Equal pay - Membership of an occupational pension scheme - Part-time workers - Exclusion - National procedural rules - of - of ) In Case C-78/98, REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the House of Lords, United Kingdom, for a preliminary ruling in the proceedings pending before that court between Shirley Preston and Others and Wolverhampton …

… Where, however, there is a stable relationship resulting from a succession of short-term contracts concluded at regular intervals in respect of the same employment to which the same pension scheme applies, it is possible to fix a precise starting point for the . 70. …

… First, it should be borne in mind that, according to settled case-law, in the absence of relevant Community rules, it is for the national legal order of each Member State to designate the competent courts and to lay down the procedural rules for proceedings designed to ensure the protection of the rights which individuals acquire through the direct of Community law, provided that such rules are not less favourable than those governing similar domestic actions ( of ) and …

… OPINION OF ADVOCATE GENERAL LÉGER delivered on 14 September 1999 (1) (Provisional text) Case C-78/98 Shirley Preston and Others v Wolverhampton Healthcare NHS Trust and Others Dorothy Fletcher and Others v Midland Bank plc (Reference for a preliminary ruling from the House of Lords) (Equal pay for male and female workers - Membership of an occupational pension scheme - Part-time workers - Excluded - Remedies - National procedural rules - of - of ) 1. …

… They are during holiday or periods when the person concerned is not teaching. 122. According to the order for reference, (83) a series of contracts of a teacher may, in certain cases, be covered by an 'umbrella‘ contract. Under such a contract, the teacher and the establishment concerned are under an obligation to renew their various contracts of employment. The parties thus set up a permanent employment relationship. …

… First, by virtue of the ' of ‘, procedural rules governing actions enabling individuals to exercise rights conferred by the Community legal order may not be less favourable than those governing similar actions of a domestic nature. 41. Second, by virtue of the 'principle of effectiveness‘, the procedural rules governing domestic actions may not be such as to render virtually impossible or excessively difficult the exercise of rights conferred by the Community legal order. …

… so framed as to make it virtually impossible or excessively difficult to obtainreparation ( of ). 28. …

… The nationalcourt states in that connection that pursuant to Article 2(7) of the LegislativeDecree, an action for reparation must be brought within a of 12months running from the date of entry into force of the Legislative Decree,whereas an action for reparation under Article 2043 of the Civil Code is subject toa prescription period of five years under Article 2947 of the Civil Code, which maybe , in particular by extra-judicial acts, and suspended, pursuant toArticles …

… Lastly, it follows from consistent case-law since Francovich I, cited above, atparagraphs 41 to 43, that subject to the foregoing, it is on the basis of the rules ofnational law on liability that the State must make reparation for the consequencesof the loss or damage caused; further, the conditions, in particular time-limits, forreparation of loss or damage laid down by national law must not be less favourablethan those relating to similar domestic claims ( of ) and mustnot be …