CELEX: 62009CN0098
Language: en
Date: 2009-03-06 00:00:00
Title: Case C-98/09: Reference for a preliminary ruling from the Tribunale di Trani (Italy) lodged on 6 March 2009 — Francesca Sorge v Poste Italiane SpA

6.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 129/6
            
         Reference for a preliminary ruling from the Tribunale di Trani (Italy) lodged on 6 March 2009 — Francesca Sorge v Poste Italiane SpA
   (Case C-98/09)
   2009/C 129/09
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Trani
   
      Parties to the main proceedings
   
   
      Applicant: Francesca Sorge
   
      Defendant: Poste Italiane SpA
   
      Questions referred
   
   
               1.
            
            
               Must Clause 8 of the Framework Agreement put into effect by Directive 1990/70/EEC (1) be interpreted as precluding domestic rules (such as those laid down by Articles 11 and 1 of Legislative Decree No 368/2001) which, in implementation of Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, repealed Article 1(2)(b) of Law 230/1962, according to which it was ‘permitted to impose a time-limit on the duration of the contract … when the recruitment’ took ‘place in order to replace absent workers’ who ‘retained the right to their post, provided that in the fixed-term contract’‘an indication was given of the name of the replaced worker and the reasons for his replacement’, substituting for it a provision which no longer imposes that obligation to give details?
            
         
               2.
            
            
               If the answer to the foregoing question is yes, is the national court required to disapply the national legislation that conflicts with Community law?
            
         
      (1)  OJ 1999 L 175, p. 43.