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Case C-89/13: Order of the Court of 30 April 2014 (request for a preliminary ruling from the Tribunale di Napoli (Italy)) — Luigi D'Aniello and Others v Poste Italiane SpA (Article 99 of the Rules of Procedure of the Court — Reference for a preliminary ruling — Social policy — Directive 1999/70/EC — Principle of non-discrimination — National legislation providing for a compensation scheme in cases of the unlawful setting of an expiry date for an employment contract different from that in cases where an employment contract of unlimited duration is unlawfully terminated — Economic consequences — Comparability of the claims)
ECLI:EU:UNKNOWN:62013CB0089
62013CB0089
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11.8.2014
Official Journal of the European Union
C 261/4
(Case C-89/13) (<span class="super">1</span>)
((Article 99 of the Rules of Procedure of the Court - Reference for a preliminary ruling - Social policy - Directive 1999/70/EC - Principle of non-discrimination - National legislation providing for a compensation scheme in cases of the unlawful setting of an expiry date for an employment contract different from that in cases where an employment contract of unlimited duration is unlawfully terminated - Economic consequences - Comparability of the claims))
2014/C 261/05
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicants: Luigi D'Aniello, Ester Di Vaio, Anna Di Benedetto, Antonella Camelio, Angela Leva, Alessia Romano, Emilia Aloia, Cira Oligo, Ottavio Russo, Guiseppe D’Ambra, Stefano Caputo, Ilaria Pappagallo, Maurizio De Rosa, Gianluca Liguori, Dario Puzone, Vincenzo De Luca, Guido Gorbari, Raffaella D’Ambrosio
Defendant: Poste Italiane SpA
Operative part of the order
Subject to the possibility available to the Member States by virtue of clause 8 of the framework agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, clause 4(1) of that framework agreement must be interpreted as meaning that it does not require identical treatment of the economic consequences granted in cases of the unlawful setting of an expiry date for an employment contract and those paid in cases of the unlawful termination of an employment contract of unlimited duration.
(<span class="note">1</span>) OJ C 156, 1.6.2013.