# C_2019112EN.01002401.xml

| 25.3.2019 | EN | Official Journal of the European Union | C 112/24 |
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25.3.2019

EN

Official Journal of the European Union

C 112/24

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Request for a preliminary ruling from the Tribunale Amministrativo Regionale per il Lazio (Italy) lodged on 12 December 2018 — AQ and Others v Corte dei Conti and Others

(Case C-789/18)

(2019/C 112/30)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale per il Lazio

Parties to the main proceedings

Applicants: AQ and Others

Defendants: Corte dei Conti, Presidenza del Consiglio dei Ministri, Ministero dell’Economia e delle Finanze, Imps-Gestione

Questions referred

| 1. | Do Article 3(2) and (3) TEU, Articles 9, 45, 126, 145, 146 and 147 TFEU and the first paragraph of Article 151 TFEU, Article 15(2) of the Charter of Fundamental Rights of the European Union, and Articles 3 and 5 of the European Pillar of Social Rights preclude a provision of national legislation, such as Article 1(489) of Law No 147/2013, in so far as that provision encourages Italian public administrative authorities to give preference, when recruiting or when awarding contracts, only to workers who already hold a pension provided by Italian public social security bodies? |
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1.

Do Article 3(2) and (3) TEU, Articles 9, 45, 126, 145, 146 and 147 TFEU and the first paragraph of Article 151 TFEU, Article 15(2) of the Charter of Fundamental Rights of the European Union, and Articles 3 and 5 of the European Pillar of Social Rights preclude a provision of national legislation, such as Article 1(489) of Law No 147/2013, in so far as that provision encourages Italian public administrative authorities to give preference, when recruiting or when awarding contracts, only to workers who already hold a pension provided by Italian public social security bodies?

| 2. | Do Articles 106(1) and 107 TFEU preclude a provision of national legislation, such as Article 1(489) of Law No 147/2013, which permits Italian public administrative authorities engaged in economic activity, subject to compliance with Article 101 et seq. TFEU, to make use of the work of persons who have agreed to waive, in full or in part, the corresponding remuneration, thereby obtaining a cost saving likely to place those administrative authorities at a competitive advantage in relation to other economic operators? |
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2.

Do Articles 106(1) and 107 TFEU preclude a provision of national legislation, such as Article 1(489) of Law No 147/2013, which permits Italian public administrative authorities engaged in economic activity, subject to compliance with Article 101 et seq. TFEU, to make use of the work of persons who have agreed to waive, in full or in part, the corresponding remuneration, thereby obtaining a cost saving likely to place those administrative authorities at a competitive advantage in relation to other economic operators?

| 3. | Do Articles 2, 3 and 6 TEU, Article 126 TFEU and the first paragraph of Article 151 TFEU, Article 15(2) of the Charter of Fundamental Rights of the European Union, and Articles 3 and 7(a) of the European Pillar of Social Rights preclude a provision of national legislation, such as Article 1(489) of Law No 147/2013, which, under the conditions laid down therein, accepts that a worker may validly waive remuneration, in full or in part, even if that waiving is solely in order to avoid losing work? |
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3.

Do Articles 2, 3 and 6 TEU, Article 126 TFEU and the first paragraph of Article 151 TFEU, Article 15(2) of the Charter of Fundamental Rights of the European Union, and Articles 3 and 7(a) of the European Pillar of Social Rights preclude a provision of national legislation, such as Article 1(489) of Law No 147/2013, which, under the conditions laid down therein, accepts that a worker may validly waive remuneration, in full or in part, even if that waiving is solely in order to avoid losing work?

| 4. | Do Articles 2, 3 and 6 TEU, Articles 14, 15(1) and 126 TFEU and the first paragraph of Article 151 TFEU, Article 31(1) of the Charter of Fundamental Rights of the European Union, and Articles 5, 6 and 10 of the European Pillar of Social Rights preclude a provision of national legislation, such as Article 1(489) of Law No 147/2013, which, under the conditions laid down therein, enables a person to work for an Italian public administrative authority while waiving, in full or in part, the corresponding remuneration, even if no provision is made for any change in the working arrangements in the light of such waiving, either in terms of working time or from the perspective of the quantity and quality of work required and the resulting responsibilities, and thus even if the partial waiving of remuneration entails a significant change to the mutual working agreement, both from the point of view of the correlation between the remuneration and the quality and quantity of work provided and because the worker is thereby ultimately compelled to carry out his activities under sub-optimal working conditions, which lay the foundations for a lower degree of commitment to the work and for a reduced level of efficiency on the part of the administrative authority? |
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4.

Do Articles 2, 3 and 6 TEU, Articles 14, 15(1) and 126 TFEU and the first paragraph of Article 151 TFEU, Article 31(1) of the Charter of Fundamental Rights of the European Union, and Articles 5, 6 and 10 of the European Pillar of Social Rights preclude a provision of national legislation, such as Article 1(489) of Law No 147/2013, which, under the conditions laid down therein, enables a person to work for an Italian public administrative authority while waiving, in full or in part, the corresponding remuneration, even if no provision is made for any change in the working arrangements in the light of such waiving, either in terms of working time or from the perspective of the quantity and quality of work required and the resulting responsibilities, and thus even if the partial waiving of remuneration entails a significant change to the mutual working agreement, both from the point of view of the correlation between the remuneration and the quality and quantity of work provided and because the worker is thereby ultimately compelled to carry out his activities under sub-optimal working conditions, which lay the foundations for a lower degree of commitment to the work and for a reduced level of efficiency on the part of the administrative authority?

| 5. | Do Articles 2, 3 and 6 TEU, Article 126 TFEU and the first paragraph of Article 151 TFEU, Article 15(2) of the Charter of Fundamental Rights of the European Union, and Article 6 of the European Pillar of Social Rights preclude the combined provisions of Article 1(489) of Law No 147/2013 and Article 23b(1) of Decree-Law No 201/2011, converted into Law No 214/2011, in so far as those provisions enable/require an Italian public administrative authority, including while the employment or working relationship is ongoing, to reduce the remuneration due to the worker on the basis of fluctuations in the remuneration ceiling to which Article 23b(1) of Decree-Law No 201/2011, converted into Law No 214/2011, refers, and thus as a result of an unforeseeable event, and in any case by applying a mechanism that is not immediately comprehensible and regardless of the information provided to the worker at the beginning of the employment relationship? |
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5.

Do Articles 2, 3 and 6 TEU, Article 126 TFEU and the first paragraph of Article 151 TFEU, Article 15(2) of the Charter of Fundamental Rights of the European Union, and Article 6 of the European Pillar of Social Rights preclude the combined provisions of Article 1(489) of Law No 147/2013 and Article 23b(1) of Decree-Law No 201/2011, converted into Law No 214/2011, in so far as those provisions enable/require an Italian public administrative authority, including while the employment or working relationship is ongoing, to reduce the remuneration due to the worker on the basis of fluctuations in the remuneration ceiling to which Article 23b(1) of Decree-Law No 201/2011, converted into Law No 214/2011, refers, and thus as a result of an unforeseeable event, and in any case by applying a mechanism that is not immediately comprehensible and regardless of the information provided to the worker at the beginning of the employment relationship?

| 6. | Do Articles 2, 3 and 6 TEU, Articles 8 and 126 TFEU, Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, and Articles 10 and 15 of the European Pillar of Social Rights preclude a provision of national legislation, such as Article 1(489) of Law No 147/2013, which, under the conditions laid down therein, requires Italian public administrative authorities to reduce the remuneration due to their employees and workers who hold a pension provided by a public social security body, penalising such workers for reasons connected with the availability of other sources of income, thereby discouraging the extension of working life, private economic initiative and the creation and accumulation of private income, even though these are valuable national resources? |
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6.

Do Articles 2, 3 and 6 TEU, Articles 8 and 126 TFEU, Articles 20 and 21 of the Charter of Fundamental Rights of the European Union, and Articles 10 and 15 of the European Pillar of Social Rights preclude a provision of national legislation, such as Article 1(489) of Law No 147/2013, which, under the conditions laid down therein, requires Italian public administrative authorities to reduce the remuneration due to their employees and workers who hold a pension provided by a public social security body, penalising such workers for reasons connected with the availability of other sources of income, thereby discouraging the extension of working life, private economic initiative and the creation and accumulation of private income, even though these are valuable national resources?

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