CELEX: 62016CN0494
Language: en
Date: 2016-09-15 00:00:00
Title: Case C-494/16: Request for a preliminary ruling from the Tribunale civile di Trapani (Italia) lodged on 15 September 2016 — Giuseppa Santoro v Comune di Valderice, Presidenza del Consiglio dei Ministri

5.12.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 454/18
            
         
      Request for a preliminary ruling from the Tribunale civile di Trapani (Italia) lodged on 15 September 2016 — Giuseppa Santoro v Comune di Valderice, Presidenza del Consiglio dei Ministri
      (Case C-494/16)
      (2016/C 454/32)
      Language of the case: Italian
      
         Referring court
      
      Tribunale civile di Trapani
      
         Parties to the main proceedings
      
      
         Applicant: Giuseppa Santoro
      
         Defendants: Comune di Valderice, Presidenza del Consiglio dei Ministri
      
         Questions referred
      
      
                  1.
               
               
                  Is the granting of compensation in the amount of between 2,5 and 12 monthly payments of the last overall salary payment (Article 32(5) of Law No 183/2010) to a public employee, who is a victim of the unlawful successive renewal of fixed-term contracts, who may obtain full compensation only by proving the loss of other work opportunities or by proving that, if he had participated in an open competition, he would have been successful, an equivalent and effective measure within the meaning of the judgments of the Court of Justice in Mascolo [and Others (C-22/13, C-61/13 to C-63/13 and C-418/13)] and Marrosu [and Sardino] (C-53/04)?
               
            
                  2.
               
               
                  Must the principle of equivalence referred to by the Court of Justice (inter alia) in those judgments, be interpreted as meaning that, when the Member State decides not to apply the conversion of the employment relationship (as awarded in the private sector) to the public sector, it must nevertheless provide the worker with the same benefit, if necessary through compensation which must relate to the value of the employment contract of indefinite duration?