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Case C-161/11: Reference for a preliminary ruling from the Tribunale di Trani (Italy) lodged on 1 April 2011 — Cosimo Damiano Vino v Poste Italiane SpA
ECLI:EU:UNKNOWN:62011CN0161
62011CN0161
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Official Journal of the European Union
C 173/7
(Case C-161/11)
2011/C 173/13
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Cosimo Damiano Vino
Defendant: Poste Italiane SpA
Questions referred
(a)Does the general Community principle of non-discrimination and equality preclude national rules (such as that laid down by Article 2(1)a of Legislative Decree No 368/2001) which introduced into the national legal order an ‘acausal’ case that places at a disadvantage employees of Poste Italiane SpA, and, in relation to that company, other undertakings in the same sector or in other sectors?
(b)if the answer to the foregoing question is in the affirmative, is the national court required to disapply (or not to apply) the national rules which are contrary to Community law?