|
11.6.2011 |
EN |
Official Journal of the European Union |
C 173/7 |
Reference for a preliminary ruling from the Tribunale di Trani (Italy) lodged on 1 April 2011 — Cosimo Damiano Vino v Poste Italiane SpA
(Case C-161/11)
2011/C 173/13
Language of the case: Italian
Referring court
Tribunale di Trani
Parties to the main proceedings
Applicant: Cosimo Damiano Vino
Defendant: Poste Italiane SpA
Questions referred
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(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? |
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(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? |