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Case C-317/18: Request for a preliminary ruling from the Tribunal Judicial da Comarca de Faro (Portugal) lodged on 14 May 2018 — Cátia Correia Moreira v Município de Portimão
ECLI:EU:UNKNOWN:62018CN0317
62018CN0317
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Valentina R., lawyer
(Case C-317/18)
Language of the case: Portuguese
Referring court
Parties to the main proceedings
Applicant: Cátia Correia Moreira
Defendant: Município de Portimão
Questions referred
a.On the premiss that ‘worker’ must be taken to mean any person who, in the Member State in question, is protected as such by the national employment legislation, can a person who has a contract for a position of trust with the transferor be regarded as a ‘worker’ for the purposes of Article 2(1)(d) of Council Directive 2001/23/EC (1) of 12 March 2001 and can that person, accordingly, enjoy the protection which that legislation confers?
b.Does EU legislation, in particular Directive 2001/23/EC, in conjunction with Article 4(2) of the Treaty on European Union, preclude a national rule which, even in the case of a transfer falling within the scope of that directive, requires that workers in all cases undergo a public selection procedure and become bound by a new relationship with the transferee where that transferee is a municipality?
Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ 2001 L 82, p. 16).
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