Order of the Court (Sixth Chamber) of 22 June 2011 – Vino v Poste Italiane
(Case C-161/11)
Articles 92(1), 103(1) and 104(3) of the Rules of Procedure – Social policy – Fixed-term employment contracts – Public sector – First or only contract – Derogation from the obligation to state objective reasons – Principle of non-discrimination – Lack of connection to European Union law – Clear lack of jurisdiction of the Court
Preliminary rulings – Jurisdiction of the Court – Limits – Question raised in a case concerning national, not Union, law – Clear lack of jurisdiction of the Court (Art. 267 TFEU) (see paras 35-41)
Re:
Reference for a preliminary ruling – Tribunale di Trani – Interpretation of the general European Union principles of equal treatment and non-discrimination and of Articles 20 and 21 of the Charter of Fundamental Rights – Fields of application of those principles – Compatibility of national legislation validating in the national legal system a clause not specifying the reason for employment on a fixed-term basis for recruitment of workers at the SpA Poste Italiane. |
Operative part
The Court of Justice of the European Union clearly has no jurisdiction to answer the questions referred by the Tribunale di Trani (Italy) by decision of 7 February 2011.