# C_2013274EN.01000301.xml

| 21.9.2013 | EN | Official Journal of the European Union | C 274/3 |
| --- | --- | --- | --- |

21.9.2013

EN

Official Journal of the European Union

C 274/3

---

Request for a preliminary ruling from the Kúria (Hungary) lodged on 19 June 2013 — Ferenc Weigl v Nemzeti Innovációs Hivatal

(Case C-332/13)

2013/C 274/05

Language of the case: Hungarian

Referring court

Referring court

Kúria

Parties to the main proceedings

Parties to the main proceedings

Applicant: Ferenc Weigl

Applicant:

Defendant: Nemzeti Innovációs Hivatal

Defendant:

Questions referred

Questions referred

| 1. | Must the Charter of Fundamental Rights of the European Union be considered applicable to the legal status of government officials and public officials? |
| --- | --- |

1.

Must the Charter of Fundamental Rights of the European Union be considered applicable to the legal status of government officials and public officials?

| 2. | Must Article 30 of the Charter of Fundamental Rights of the European Union be interpreted as meaning that the provision thereof concerning protection against unjustified termination of employment must be applied regardless of whether or not the Member State recognises Article 24 of the Revised European Social Charter as being binding upon it? |
| --- | --- |

2.

Must Article 30 of the Charter of Fundamental Rights of the European Union be interpreted as meaning that the provision thereof concerning protection against unjustified termination of employment must be applied regardless of whether or not the Member State recognises Article 24 of the Revised European Social Charter as being binding upon it?

| 3. | If that is the case, must Article 30 of the Charter of Fundamental Rights of the European Union be interpreted as meaning that a national provision under which, when the employment of a government official is terminated, it is not necessary to disclose to him the reasons for termination, corresponds to the concept of ‘unjustified dismissal’? |
| --- | --- |

3.

If that is the case, must Article 30 of the Charter of Fundamental Rights of the European Union be interpreted as meaning that a national provision under which, when the employment of a government official is terminated, it is not necessary to disclose to him the reasons for termination, corresponds to the concept of ‘unjustified dismissal’?

| 4. | Is it appropriate to interpret the expression ‘in accordance with Union law and national laws and practices’ contained in Article 30 of the Charter of Fundamental Rights of the European Union as meaning that the Member State may define by legislation a special category of persons to whom it is not necessary to apply Article 30 of the Charter if their legal relationship is brought to an end? |
| --- | --- |

4.

Is it appropriate to interpret the expression ‘in accordance with Union law and national laws and practices’ contained in Article 30 of the Charter of Fundamental Rights of the European Union as meaning that the Member State may define by legislation a special category of persons to whom it is not necessary to apply Article 30 of the Charter if their legal relationship is brought to an end?

| 5. | Having regard to the answer to questions 2 to 4, is it appropriate to interpret Article 51(1) of the Charter of Fundamental Rights of the European Union as meaning, with regard to government officials, that the national courts must disapply national provisions that are contrary to Article 30 of that Charter? |
| --- | --- |

5.

Having regard to the answer to questions 2 to 4, is it appropriate to interpret Article 51(1) of the Charter of Fundamental Rights of the European Union as meaning, with regard to government officials, that the national courts must disapply national provisions that are contrary to Article 30 of that Charter?

---