# C_2014315EN.01003402.xml

| 15.9.2014 | EN | Official Journal of the European Union | C 315/34 |
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15.9.2014

EN

Official Journal of the European Union

C 315/34

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Request for a preliminary ruling from the Tribunalul Neamț (Romania) lodged on 2 June 2014 — Sindicatul cadrelor militare disponibilizate, în rezervă și în retragere (SCMD), Constantin Budiș, Vasile Murariu, Vasile Ursache, Ioan Zăpor and Petrea Simionel v Ministerul Finanțelor Publice — Direcția Generală a Finanțelor Publice a Județului Neamț

(Case C-262/14)

2014/C 315/56

Language of the case: Romanian

Referring court

Referring court

Tribunalul Neamț

Parties to the main proceedings

Parties to the main proceedings

Applicants: Sindicatul Cadrelor Militare Disponibilizate în rezervă și în retragere (SCMD), Constantin Budiș, Vasile Murariu, Vasile Ursache, Ioan Zăpor and Petrea Simionel

Applicants:

Defendant: Ministerul Finanțelor Publice — Direcția Generală a Finanțelor Publice a Județului Neamț

Defendant:

Questions referred

Questions referred

| 1. | May Article 2(2) of Directive 2000/78 (1) be interpreted as meaning that the concept of discrimination to which that provision refers also covers the creation of a situation in which there is a difference in treatment depending on whether a person who is, or wishes to be, employed is in receipt of a pension? |
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1.

May Article 2(2) of Directive 2000/78 (1) be interpreted as meaning that the concept of discrimination to which that provision refers also covers the creation of a situation in which there is a difference in treatment depending on whether a person who is, or wishes to be, employed is in receipt of a pension?

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| 2. | May Article 3(1) of Directive 2000/78 be interpreted as meaning that the concept of ‘person in receipt of a pension’ is among the criteria and conditions relating to the concepts of conditions for access to employment, selection criteria and conditions for dismissal? |
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2.

May Article 3(1) of Directive 2000/78 be interpreted as meaning that the concept of ‘person in receipt of a pension’ is among the criteria and conditions relating to the concepts of conditions for access to employment, selection criteria and conditions for dismissal?

| 3. | May Article 6 of Directive 2000/78 be interpreted as permitting a Member State which has transposed that provision into national law to determine, in the context of judicial proceedings, whether European directives have been inadequately or incorrectly transposed into national law as regards the assessment of the ‘[objective and reasonable justification]’ for the application of a difference in treatment, and also the ‘legitimate aim’ considered by the legislature when adopting the legislation under which provision is made for a difference in treatment? |
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3.

May Article 6 of Directive 2000/78 be interpreted as permitting a Member State which has transposed that provision into national law to determine, in the context of judicial proceedings, whether European directives have been inadequately or incorrectly transposed into national law as regards the assessment of the ‘[objective and reasonable justification]’ for the application of a difference in treatment, and also the ‘legitimate aim’ considered by the legislature when adopting the legislation under which provision is made for a difference in treatment?

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(1)  Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16).

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