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Order of the Court (Sixth Chamber) of 22 June 2011. # Cosimo Damiano Vino v Poste Italiane SpA. # Reference for a preliminary ruling: Tribunale di Trani - Italy. # Articles 92(1), 103(1) and 104(3) of the Rules of Procedure - Social policy - Fixed-term employment contracts - Public sector - First or only contract - Derogation from the obligation to state objective reasons - Non-discrimination principle - Lack of connection to European Union law - Clear lack of jurisdiction of the Court. # Case C-161/11.
ECLI:EU:C:2011:420
62011CO0161
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(Case C-161/11)
Articles 92(1), 103(1) and 104(3) of the Rules of Procedure – Social policy – Fixed-term employment contracts – Public sector – First or only contract – Derogation from the obligation to state objective reasons – Principle of non-discrimination – Lack of connection to European Union law – Clear lack of jurisdiction of the Court
Preliminary rulings – Jurisdiction of the Court – Limits – Question raised in a case concerning national, not Union, law – Clear lack of jurisdiction of the Court (Art. 267 TFEU) (see paras 35-41)
Re:
Reference for a preliminary ruling – Tribunale di Trani – Interpretation of the general European Union principles of equal treatment and non-discrimination and of Articles 20 and 21 of the Charter of Fundamental Rights – Fields of application of those principles – Compatibility of national legislation validating in the national legal system a clause not specifying the reason for employment on a fixed-term basis for recruitment of workers at the SpA Poste Italiane.
Operative part
The Court of Justice of the European Union clearly has no jurisdiction to answer the questions referred by the Tribunale di Trani (Italy) by decision of 7 February 2011.