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Document 62011CN0161

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

OJ C 173, 11.6.2011, p. 7–7 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

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?
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