Request for a preliminary ruling from the Giudice di pace di Gaeta (Italy) lodged on 18 December 2024 – BG v Presidenza del Consiglio dei Ministri, Ministero della Giustizia, Ministero dell’Economia e delle Finanze

(Case C-875/24, Terpesira  (1) )

(C/2025/6601)

Language of the case: Italian

Referring court

Giudice di pace di Gaeta

Parties to the main proceedings

Applicant: BG

Defendants: Presidenza del Consiglio dei Ministri, Ministero della Giustizia, Ministero dell’Economia e delle Finanze

Question referred

Must Article 7 of 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 (2) and Clause 4 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 (3) be interpreted as meaning that they preclude legislation which requires an honorary judge to waive claims under Article 7 of Directive 2003/88/EC and Clause 4(1) [of the framework agreement on fixed-term work] arising from activities carried out in the past in that capacity and, in particular, to the payment of an allowance during the judicial recess period and to the payment of compulsory social security contributions and insurance against accidents at work and occupational diseases in order to take part in an assessment procedure enabling him or her to perform that function in the future on a permanent basis until he or she reaches the age of 70 and with a fixed salary, if the future conditions of employment do not entail, in addition to the remuneration for the subsequent activity, adequate compensation for the claims which had to be waived.

(1)  The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.

(2)   OJ 2003 L 299, p. 9.

(3)   OJ 1999 L 175, p. 43.