Croce Rossa Italiana and Others (Scope of the obligation of national courts adjudicating at last instance to refer cases - Exceptions to that obligation - Judgment) French Text [2024] EUECJ C-389/22 (25 January 2024)

Croce Rossa Italiana and Others (Scope of the obligation of national courts adjudicating at last instance to refer cases - Exceptions to that obligation - Judgment) French Text [2024] EUECJ C-389/22 (25 January 2024)

A national court of last instance may refrain from referring a question to the CJEU only if, after considering the specific characteristics of EU law and the risk of divergent interpretations, it is convinced that the correct application of EU law is so obvious as to leave no reasonable doubt. The court is not...

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Citation
[2024] EUECJ C-389/22
Parties
Applicant: GC et autres membres du personnel du corps militaire de la Croce Rossa Italiana; Respondent: Croce Rossa Italiana; Respondent: Ministero della Difesa; Respondent: Ministero della Salute; Respondent: Ministero dell’Economia e delle Finanze; Respondent: Presidenza del Consiglio dei ministri
Jurisdiction
European Union
Procedural Posture
Preliminary Reference (renvoi Préjudiciel) / Judgment on Preliminary Questions
Outcome
Questions answered; preliminary reference partially inadmissible.
Legal Topics
Obligation of Last Instance Courts to Refer Under Article 267 TFEU, Exceptions to Preliminary Reference Obligation (cilfit Doctrine), Fixed Term Work, Non Discrimination, Abuse of Fixed Term Contracts, Public Sector Employment, Military Volunteers, Interpretation of Directive 1999/70/ec
European Union Law Labour Law Administrative Law Obligation of Last Instance Courts to Refer Under Article 267 TFEU Exceptions to Preliminary Reference Obligation (cilfit Doctrine) Fixed Term Work Non Discrimination Abuse of Fixed Term Contracts +3 more

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Parties

GC et autres membres du personnel du corps militaire de la Croce Rossa Italiana

Applicant

Croce Rossa Italiana

Respondent

Ministero della Difesa

Respondent

Ministero della Salute

Respondent

Ministero dell’Economia e delle Finanze

Respondent

Presidenza del Consiglio dei ministri

Respondent

Procedural Posture

Preliminary Reference (renvoi Préjudiciel) / Judgment on Preliminary Questions

  1. 1 Whether national courts of last instance must refer questions to the CJEU under Article 267 TFEU and the scope of exceptions (acte clair doctrine)
  2. 2 Whether Italian legislation allowing repeated temporary service for military volunteers of the Italian Red Cross is compatible with Directive 1999/70/EC and the principle of non-discrimination
  3. 3 Whether differences in treatment between continuous and temporary service members are compatible with EU law

Ratio Decidendi

A national court of last instance may refrain from referring a question to the CJEU only if, after considering the specific characteristics of EU law and the risk of divergent interpretations, it is convinced that the correct application of EU law is so obvious as to leave no reasonable doubt. The court is not required to prove subjectively that all other supreme courts or the CJEU would reach the same conclusion, but must objectively justify the absence of reasonable doubt. Regarding the substantive questions, the Framework Agreement on fixed-term work applies to military volunteers if their relationship is substantively similar to employment, and national law cannot arbitrarily exclude...

Court Disposition

Questions answered; preliminary reference partially inadmissible.

Orders

  • First question (c) and part of second question (re: legitimate expectation) declared inadmissible.
  • Article 267 TFEU interpreted as not requiring national courts of last instance to prove subjectively that all other supreme courts or the CJEU would reach the same interpretation; objective justification of absence of reasonable doubt suffices.