Judgment;Summary — ECLI:EU:C:2019:106
Date: 2019-02-07
Language of the case: Spanish
Court formation: Second Chamber
Subject matter: Fundamental rights;Charter of Fundamental Rights
Procedure: Reference for a preliminary ruling
Origin: Spain

Request for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña (Spain) lodged on 26 January 2018 — Carlos Escribano Vindel v Ministerio de Justicia (Case C-49/18) Language of the case: Spanish Referring court Tribunal Superior de Justicia de Cataluña Parties to the main proceedings Applicant: Carlos Escribano Vindel Defendant: Ministerio de Justicia Questions referred Must the general principle of EU law prohibiting all discrimination be interpreted as not precluding a national rule enshrined in Article 31(One) of Law 39/2010 of 22 December 2010 on the National Budget for 2011, which established different percentage reductions that were more burdensome on the section of the judiciary which earned the least, thus requiring a greater sacrifice from that section in order to preserve public expenditure? (non-discrimination principle) Must the general principle of EU law of preserving judicial independence through fair and stable remuneration commensurate with the duties performed by the members of the judiciary be interpreted as precluding a national rule such as that in Article 31(One) of Law 39/2010 of 22 December 2010 on the National Budget, which does not have regard to the nature of their duties, their length of service or the importance of their tasks, and which requires a greater sacrifice in order to preserve public expenditure solely from those members of the judiciary who earn the least? (principle of judicial independence) ____________