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Case C-392/17: Request for a preliminary ruling from the Curtea de Apel Oradea (Romania) lodged on 29 June 2017 — Sindicatul Energia Oradea v SC Termoelectrica SA

ECLI:EU:UNKNOWN:62017CN0392

62017CN0392

June 29, 2017
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4.9.2017

Official Journal of the European Union

C 293/20

(Case C-392/17)

(2017/C 293/24)

Language of the case: Romanian

Referring court

Parties to the main proceedings

Applicant: Sindicatul Energia Oradea

Defendant: SC Termoelectrica SA

Question referred

Are the provisions of Order No 50/1990, as interpreted by judgment No 9/2016 given by the Înalta Curte de Casație și Justiție (High Court of Cassation and Justice, Romania) on a matter of public policy — a judgment binding on courts of law, according to which occupations classified in groups I and II are strictly and rigorously limited to those set out in Annex 1 and 2 of that order, and the courts may not extend the provisions of that order to include other similar cases, with the consequence that those former workers cannot receive the pension benefits owed as a result of the hard working conditions in which they have carried out their work — compatible with Articles 114(3), 151 and 153 TFEU, and with the provisions of framework Directive 89/391/EEC (1) and successive specific directives?

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1).

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