# C_2014031EN.01000201.xml

| 1.2.2014 | EN | Official Journal of the European Union | C 31/2 |
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1.2.2014

EN

Official Journal of the European Union

C 31/2

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Request for a preliminary ruling from the Tribunal do Trabalho de Lisboa (Portugal) lodged on 5 November 2013 — Jorge Ítalo Assis dos Santos v Banco de Portugal

(Case C-566/13)

2014/C 31/02

Language of the case: Portuguese

Referring court

Referring court

Tribunal do Trabalho de Lisboa

Parties to the main proceedings

Parties to the main proceedings

Applicant: Jorge Ítalo Assis dos Santos

Applicant:

Defendant: Banco de Portugal

Defendant:

Questions referred

Questions referred

| 1. | Must a rule of national law requiring the central bank of the Member State in question to suspend payment of the 13th and 14th month pay to retired employees of that bank be interpreted as contrary to Article 130 TFEU, in so far as it involves interference by the Government (that is to say, the central administration) in the bank’s decision-making powers with regard to its staff policy, in breach of the principal of the autonomy and independence of central banks? |
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1.

Must a rule of national law requiring the central bank of the Member State in question to suspend payment of the 13th and 14th month pay to retired employees of that bank be interpreted as contrary to Article 130 TFEU, in so far as it involves interference by the Government (that is to say, the central administration) in the bank’s decision-making powers with regard to its staff policy, in breach of the principal of the autonomy and independence of central banks?

th

th

| 2. | Must a rule of national law requiring amounts corresponding to bonuses, payment of which is suspended, to be transferred to an organ of indirect state administration acting under the jurisdiction of the Minister of Finance, whose revenue and expenditure are reported in the state budget, be interpreted as being contrary to Article 123 TFEU, in so far as it infringes the principle prohibiting monetary financing of Member States by central banks? |
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2.

Must a rule of national law requiring amounts corresponding to bonuses, payment of which is suspended, to be transferred to an organ of indirect state administration acting under the jurisdiction of the Minister of Finance, whose revenue and expenditure are reported in the state budget, be interpreted as being contrary to Article 123 TFEU, in so far as it infringes the principle prohibiting monetary financing of Member States by central banks?

| 3. | Does the fact that the suspension of payment of the 13th and 14th month pay is restricted to retired workers and does not affect workers in active service infringe the principle of equality, having regard to the prohibition of discrimination laid down in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union? (1) |
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3.

Does the fact that the suspension of payment of the 13th and 14th month pay is restricted to retired workers and does not affect workers in active service infringe the principle of equality, having regard to the prohibition of discrimination laid down in Articles 20 and 21 of the Charter of Fundamental Rights of the European Union? (1)

th

th

1

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(1)  OJ 2000 C 364, p. 1.

1

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