# C_2021028EN.01002502.xml

| 25.1.2021 | EN | Official Journal of the European Union | C 28/25 |
| --- | --- | --- | --- |

25.1.2021

EN

Official Journal of the European Union

C 28/25

---

Request for a preliminary ruling from the Tribunale di Potenza (Italy) lodged on 31 October 2020 — OM v Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR and Others

(Case C-571/20)

(2021/C 28/40)

Language of the case: Italian

Referring court

Tribunale di Potenza

Parties to the main proceedings

Applicant: OM

Defendants: Ministero dell’Istruzione, dell’Università e della Ricerca — MIUR, Ministero dell’Economia e delle Finanze, Presidenza del Consiglio dei Ministri, Conservatorio di Musica ‘E.R. Duni’ di Matera

Questions referred

| 1. | Is Article 45(4) TFEU compliant with or clearly contrary to the rules and principles in the Treaties of the European Union (Article 45(1), (2) and (3) TFEU) which provide for the free movement of persons within the Member States of the European Union and, in particular, Directive 2006/123/EC of 12 December 2006 (the so-called ‘Bolkestein Directive’) (1), implemented in Italy by Legislative Decree No 59 of 26 March 2010 (published in GURI No 94 of 23 April 2010)? |
| --- | --- |

1.

Is Article 45(4) TFEU compliant with or clearly contrary to the rules and principles in the Treaties of the European Union (Article 45(1), (2) and (3) TFEU) which provide for the free movement of persons within the Member States of the European Union and, in particular, Directive 2006/123/EC of 12 December 2006 (the so-called ‘Bolkestein Directive’) (1), implemented in Italy by Legislative Decree No 59 of 26 March 2010 (published in GURI No 94 of 23 April 2010)?

| 2. | Is Article 45(4) TFEU, as regards the differentiation which it makes between an employee of the public administration and an employee of a private company, also contrary to the rules of the EU Treaty which provide for the prohibition of discrimination of persons (see, in this regard, the decision of the European Court of Human Rights of 25 March 2014, Biasucci and Others v. Italy), in addition to those provisions already cited above? |
| --- | --- |

2.

Is Article 45(4) TFEU, as regards the differentiation which it makes between an employee of the public administration and an employee of a private company, also contrary to the rules of the EU Treaty which provide for the prohibition of discrimination of persons (see, in this regard, the decision of the European Court of Human Rights of 25 March 2014, Biasucci and Others v. Italy), in addition to those provisions already cited above?

| 3. | Is Italian Law No 508/99 also contrary to the rules of the European Union which prohibit measures having equivalent effect, provided for in Articles 28 and 29 of the EC Treaty and subsequently included in Articles 34 and 35 of the Treaty on the Functioning of the European Union as a result of the reform brought about by the Treaty of Lisbon, such measures being prohibited by the EU Treaty since they tend to treat nationals of some Member States less favourably than nationals of other Member States as regards the free movement of persons, salary and social security matters as well as working conditions? |
| --- | --- |

3.

Is Italian Law No 508/99 also contrary to the rules of the European Union which prohibit measures having equivalent effect, provided for in Articles 28 and 29 of the EC Treaty and subsequently included in Articles 34 and 35 of the Treaty on the Functioning of the European Union as a result of the reform brought about by the Treaty of Lisbon, such measures being prohibited by the EU Treaty since they tend to treat nationals of some Member States less favourably than nationals of other Member States as regards the free movement of persons, salary and social security matters as well as working conditions?

---

(1)  Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ 2006 L 376, p. 36)

---