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Document 62011CN0157

Case C-157/11: Reference for a preliminary ruling from the Tribunale di Napoli (Italy) lodged on 31 March 2011 — Giuseppe Sibilio v Comune di Afragola

SL C 173, 11.6.2011, p. 6–6 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

11.6.2011   

EN

Official Journal of the European Union

C 173/6

Reference for a preliminary ruling from the Tribunale di Napoli (Italy) lodged on 31 March 2011 — Giuseppe Sibilio v Comune di Afragola

(Case C-157/11)

2011/C 173/11

Language of the case: Italian

Referring court

Tribunale di Napoli

Parties to the main proceedings

Applicant: Giuseppe Sibilio

Defendant: Comune di Afragola

Questions referred

1.

Is Directive 1999/70/EC (1) applicable to socially useful workers or should such workers be regarded, in accordance with Clause 3(1) thereof, as persons having an employment relationship entered into directly between an employer and a worker where the end of the employment relationship is determined by objective conditions such as reaching a specific date, being in the present case the end of a project?

2.

Does Clause 4 preclude a socially useful worker or a publicly useful worker from receiving less remuneration than a permanent worker who carries out the same duties and has the same length of service solely because his employment relationship was initiated on the terms described above, or does this constitute an objective reason justifying less favourable treatment in terms of pay?

(1)  OJ 1999 L 175, p. 43.

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