Request for a preliminary ruling from the Giudice di pace di Fondi (Italy) lodged on 18 August 2022 – M.M. v Presidenza del Consiglio dei Ministri, Ministero della Giustizia, Ministero dell’Economia e delle Finanze
(Case C-548/22)
Language of the case: Italian
Referring court
Giudice di pace di Fondi
Parties to the main proceedings
Applicant: M.M.
Defendants: Presidenza del Consiglio dei Ministri, Ministero della Giustizia, Ministero dell’Economia e delle Finanze
Questions referred
Must Article 288 of the Treaty on the Functioning of the European Union, Articles 17, 31, 34 and 47 of the Charter of Fundamental Rights of the European Union, and Article 7 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, 1 Clause 4 of the Framework Agreement on part-time work, concluded on 6 June 1997, which is annexed to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, 2 as amended by Council Directive 98/23/EC of 7 April 1998, 3 and Clause 4 of the Framework Agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP, 4 be interpreted as meaning that those provisions preclude a national provision, such as that laid down in Article 29 of [decreto legislativo 13] luglio 2017, n. 116 ([Legislative Decree No 116 of 13] July 2017), as replaced by Article 1(629) of Legge 30 dicembre 2021, n. 234 (Law No 234 of 30 December 2021), which provides for the automatic waiver by law of all claims concerning the implementation of the abovementioned directives, with the loss of all other remuneration, employment and social welfare benefits guaranteed by European law:
-    in the case where an honorary judge, as a fixed-term, part-time European worker comparable to a professional judge classified as a permanent, full-time European worker, merely submits an application to participate in stabilisation procedures that only formally implement Clause 5(1) of the Framework Agreement on fixed-term work, concluded on 18 March 1999, which is annexed to Directive 1999/70,
-    or, if these procedures are not successfully concluded or no application is submitted, with the receipt of a payment in an amount that is manifestly inadequate and disproportionate in relation to the damage suffered as a result of the failure to transpose those directives?
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1     OJ 2003 L 299, p. 9.
1     OJ 1998 L 14, p. 9.
1     Council Directive 98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC to the United Kingdom of Great Britain and Northern Ireland (OJ 1998 L 131, p. 10).
1     OJ 1999 L 175, p. 43.