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Case C-253/24, Pelavi: Request for a preliminary ruling from the Corte di Appello di L’Aquila (Italy) lodged on 9 April 2024 – Ministero della Giustizia v NZ
ECLI:EU:UNKNOWN:62024CN0253
62024CN0253
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Official Journal of the European Union
EN
C series
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C/2024/4952
19.8.2024
(Case C-253/24, Pelavi)
(C/2024/4952)
Language of the case: Italian
Referring court
Parties to the main proceedings
Defendant and appellant: Ministero della Giustizia
Applicant and respondent: NZ
Questions referred
1.Do Articles 31(1) and 47 of the Charter of Fundamental Rights of the European Union, Article 7 of Directive 2003/88/EC and Clause 4 of the Framework Agreement on Fixed-term Work preclude national legislation which provides that an honorary judge, who may be classified as a ‘worker’ and a ‘fixed-term worker’ and who is confirmed in post until the age of 70, forfeits the right to paid leave for the period prior to the confirmation?
2.Does Clause 5(1) of the Framework Agreement on Fixed-term Work preclude national legislation which, as a measure aimed at penalising the misuse of fixed-term contracts, provides for the confirmation in post of the honorary judge until the age of 70, after passing a non-competitive assessment procedure, and – in the event of failing the assessment procedure – provides for an allowance, in both cases requiring a waiver of any rights previously accrued?
The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.
Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ 2003 L 299, p. 9).
ELI: http://data.europa.eu/eli/C/2024/4952/oj
ISSN 1977-091X (electronic edition)
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