# C_2010234EN.01002701.xml

| 28.8.2010 | EN | Official Journal of the European Union | C 234/27 |
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28.8.2010

EN

Official Journal of the European Union

C 234/27

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Reference for a preliminary ruling from the Curtea de Apel Bacău (Romania) lodged on 29 June 2010 — Ministerul Justiției și Libertăților Cetățenești v Ștefan Agafiței and Others

(Case C-310/10)

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2010/C 234/44

Language of the case: Romanian

Referring court

Referring court

Curtea de Apel Bacău

Parties to the main proceedings

Parties to the main proceedings

Appellant: Ministerul Justiției și Libertăților Cetățenești

Appellant:

Respondents: Ștefan Agafiței, Apetroaei Raluca, Bărbieru Marcel, Budeanu Sorin, Chiagă Luminița, Crăciun Mihaela, Curpăn Sorin-Vasile, Dabija Mihaela, Damian Mia-Cristina, Danalache Sorina, Dogaru Oana-Alina, Dorneanu Geanina, Galavan Adina-Cătălina, Grancea Gabriel, Radu (Hobjilă) Mădălina, Iacobuț Nicolae Cătălin, Lăcătușu Roxana, Lupașcu Sergiu, Maftei Smaranda, Mărmureanu Silvia, Oborocianu Maria, Panfil Simona, Pânzaru Oana-Georgeta, Păduraru Laurențiu, Pîrjol-Năstase Elena, Pocovnicu Ioana, Pușcașu Alina, Ștefănescu Cezar, Ștefănescu Roxana, Țimiraș Ciprian, Vintilă Cristina

Respondents:

Intervening Parties: Tribunalul Bacău, Curtea de Apel Bacău, Ministerul Economiei si Finanțelor Publice, Consiliul Național pentru Combaterea Discriminării

Intervening Parties

Questions referred

Questions referred

| 1. | Do Article 15 of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (1) and Article 17 of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (2) — both transposed into national law by OG (Ordonanța Guvernului (Government legislative decree)) No 137/2000, as republished and amended — preclude national legislation or a judgment of the Curte Constituțională (Constitutional Court) prohibiting the national judicial authorities from awarding to claimants who have been discriminated against the compensation for material and/or non-material damage which is considered appropriate in cases in which the compensation for the damage caused by discrimination relates to salary rights provided for by law and granted to a socio-professional category other than that to which the claimants belong (see, to that effect, judgments of the Curte Constituțională No 1325 of 4 December 2008 and No 146 of 25 February 2010)? |
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1.

Do Article 15 of Council Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (1) and Article 17 of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (2) — both transposed into national law by OG (Ordonanța Guvernului (Government legislative decree)) No 137/2000, as republished and amended — preclude national legislation or a judgment of the Curte Constituțională (Constitutional Court) prohibiting the national judicial authorities from awarding to claimants who have been discriminated against the compensation for material and/or non-material damage which is considered appropriate in cases in which the compensation for the damage caused by discrimination relates to salary rights provided for by law and granted to a socio-professional category other than that to which the claimants belong (see, to that effect, judgments of the Curte Constituțională No 1325 of 4 December 2008 and No 146 of 25 February 2010)?

1

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| 2. | If the answer to Question 1 is in the affirmative, are the national courts required to await the repeal or amendment of the provisions of national law — and/or a change in the case-law of the Curte Constituțională — which are, ex hypothesi, contrary to the provisions of Community law, or are the courts required to apply Community law, as interpreted by the Court of Justice of the European Union, directly and immediately to the proceedings pending before them, declining to apply any provision of national law or any judgment of the Curte Constituțională which is contrary to the provisions of Community law? |
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2.

If the answer to Question 1 is in the affirmative, are the national courts required to await the repeal or amendment of the provisions of national law — and/or a change in the case-law of the Curte Constituțională — which are, ex hypothesi, contrary to the provisions of Community law, or are the courts required to apply Community law, as interpreted by the Court of Justice of the European Union, directly and immediately to the proceedings pending before them, declining to apply any provision of national law or any judgment of the Curte Constituțională which is contrary to the provisions of Community law?

ex hypothesi

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(1)  Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ 2000 L 180, p. 22).

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(2)  OJ 2000 L 303, p. 16.

2

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