CELEX: 62011CN0161
Language: en
Date: 2011-04-01 00:00:00
Title: Case C-161/11: Reference for a preliminary ruling from the Tribunale di Trani (Italy) lodged on 1 April 2011 — Cosimo Damiano Vino v Poste Italiane SpA

11.6.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 173/7
            
         Reference for a preliminary ruling from the Tribunale di Trani (Italy) lodged on 1 April 2011 — Cosimo Damiano Vino v Poste Italiane SpA
   (Case C-161/11)
   2011/C 173/13
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Trani
   
      Parties to the main proceedings
   
   
      Applicant: Cosimo Damiano Vino
   
      Defendant: Poste Italiane SpA
   
      Questions referred
   
   
               (a)
            
            
               Does the general Community principle of non-discrimination and equality preclude national rules (such as that laid down by Article 2(1)a of Legislative Decree No 368/2001) which introduced into the national legal order an ‘acausal’ case that places at a disadvantage employees of Poste Italiane SpA, and, in relation to that company, other undertakings in the same sector or in other sectors?
            
         
               (b)
            
            
               if the answer to the foregoing question is in the affirmative, is the national court required to disapply (or not to apply) the national rules which are contrary to Community law?