Joined Cases C-142/17 and C-143/17: Order of the Court (Tenth Chamber) of 7 February 2018 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — Manuela Maturi and Others v Fondazione Teatro dell’Opera di Roma, Fondazione Teatro dell’Opera di Roma v Manuela Maturi (C-142/17), Catia Passeri v Fondazione Teatro dell’Opera di Roma (C-143/17) (References for a preliminary ruling — Article 99 of the Rules of Procedure of the Court of Justice — Social policy — Equal treatment of men and women in matters of employment and occupation — Directive 2006/54/EC — National rules providing for the temporary possibility for performing artists having reached retirement age to continue to perform until the age previously laid down for entitlement to a pension, fixed at 47 years old for women and 52 years old for men)
Date: 2018-02-07
Institutions: Court of Justice
Subjects: European social policy, artistic profession, discrimination on the basis of sexual orientation, equal treatment, gender equality, performing arts, retirement conditions








C_2018142EN.01001801.xml










23.4.2018   


EN


Official Journal of the European Union


C 142/18





Order of the Court (Tenth Chamber) of 7 February 2018 (requests for a preliminary ruling from the Corte suprema di cassazione — Italy) — Manuela Maturi and Others v Fondazione Teatro dell’Opera di Roma, Fondazione Teatro dell’Opera di Roma v Manuela Maturi (C-142/17), Catia Passeri v Fondazione Teatro dell’Opera di Roma (C-143/17)
(Joined Cases C-142/17 and C-143/17) (1)

((References for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Social policy - Equal treatment of men and women in matters of employment and occupation - Directive 2006/54/EC - National rules providing for the temporary possibility for performing artists having reached retirement age to continue to perform until the age previously laid down for entitlement to a pension, fixed at 47 years old for women and 52 years old for men))
(2018/C 142/23)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Applicants: Manuela Maturi, Laura Di Segni, Isabella Lo Balbo, Maria Badini, Loredana Barbanera, Fondazione Teatro dell’Opera di Roma (C-142/17), Catia Passeri (C-143/17)

Defendants: Fondazione Teatro dell’Opera di Roma, Manuela Maturi, Laura Di Segni, Isabella Lo Balbo, Maria Badini, Loredana Barbanera, Luca Troiano, Mauro Murri (C-142/17), Fondazione Teatro dell’Opera di Roma (C-143/17)

Re:

Article 14(1)(c) Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation and Article 21 of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that national rules, such as those laid down in Article 3(7) of Decree-Law No 64 of 30 April 2010, converted into Law No 100, of 29 June 2010, in the version in force at the material time, pursuant to which workers employed as dancers having reached the retirement age laid down by those rules of 45 years old for both women and men, have the option for a transitional period of two years to continue to work until the working age limit laid down by the previous rules, set at 47 years old for women and 52 years old for men, establishes direct discrimination based on sex which is prohibited by that directive.


(1)  OJ C 249, 31.7.2017.