19.9.2022

Official Journal of the European Union

C 359/30

(Case C-377/22)

(2022/C 359/34)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: LR

Defendants: Ministero dell’Istruzione, Ufficio scolastico regionale Lombardia, Ufficio scolastico regionale Friuli Venezia Giulia

Question referred

Without prejudice to the possibility of considering the years of service completed by the applicant in the United Kingdom under EU law, notwithstanding the United Kingdom’s withdrawal from the European Union, must Article 45(1) and (2) TFEU and Article 3(1)(b) of Regulation (EU) No 492/2011 (1) be interpreted as precluding a rule such as that laid down in Article 1(6) of decreto legge n. 126/2019 (Decree-Law No 126/2019), converted, with amendments, by legge n. 159/2019 (Law No 159/2019), according to which, in order to take part in the extraordinary competition for the recruitment of permanent teaching staff at Italian secondary schools, only the years of service completed by candidates on fixed-term contracts at Italian State secondary schools are considered valid, and not the years of service at peer institutions in other European countries, given that the procedure in question is specifically intended to counter the phenomenon of precarious employment in Italy? If the Court of Justice does not hold the Italian legislation to be contrary, in abstract terms, to the European regulatory framework, can the measures envisaged by that legislation be regarded as proportionate, in concrete terms, in view of the abovementioned public-interest objective?

(1) Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ 2011 L 141, p. 1).