EU Court Delivers Key Ruling on Italian Opera Contracts
The Court of Justice of the European Union (CJEU) issued a significant ruling on January 29, 2026, concerning employment contracts for opera performers in Italy. The court determined that Italy is not obligated to grant permanent contracts to artists who have been engaged through a series of short-term agreements. This decision acknowledges the unique operational flexibility often cited as essential within the performing arts sector.
National Laws Must Combat Contract Abuse
While affirming Italy's discretion regarding permanent contracts, the CJEU underscored a critical caveat: national laws must incorporate sufficiently strong remedies to genuinely deter and penalize the abusive use of successive short-term contracts. The court stressed that this flexibility is not without limits. Should existing protections prove to be merely 'on paper' and ineffective in practice, national courts are mandated to intervene to ensure workers' rights are upheld.
Case Highlights Performer's Predicament
The ruling stems from a case involving Eliz Erkut Duygu, a ballet dancer who worked at Milan's La Scala opera house, one of Europe's most renowned cultural institutions. Duygu performed for years under a succession of short-term contracts, many of which were classified as self-employment, despite her work aligning with the demands of a stable role. Her situation brought to the forefront the tension between the need for flexibility in cultural institutions and the fundamental labor protections for artists.
Implications for Italian Labor Law
The judgment reinforces the principle that even where permanent contracts are not mandated, EU rules designed to prevent the abuse of fixed-term contracts remain applicable. Italian law must therefore provide practical and effective protection, ensuring that measures are in place to safeguard workers against precarious employment practices. This requires national courts to step in when protections are found to be inadequate.
5 Comments
Katchuka
Another blow to workers' rights. Flexibility is just an excuse for exploitation.
Raphael
Acknowledging the unique nature of performing arts is reasonable, however, the continuous use of short-term contracts for stable roles clearly constitutes abuse. The key will be ensuring that the mandated abuse prevention mechanisms are truly effective and not just token gestures.
Donatello
Essential for the arts! Opera needs this flexibility to thrive.
Leonardo
Doesn't go far enough. Artists deserve stability, not endless uncertainty.
Mariposa
It's true that opera houses need to manage their finances carefully, but the ongoing precarity faced by performers like Ms. Duygu is unacceptable. The focus now must be on how effectively Italy implements real deterrents against contract abuse.