Comunicaciones al DO nº C-317/18 of Tribunal de Justicia, Sala Octava, July 13, 2018
Resolution Date | July 13, 2018 |
Issuing Organization | Sala Octava |
Decision Number | C-317/18 |
Petición de decisión prejudicial planteada por el Tribunal Judicial da Comarca de Faro (Portugal) el 14 de mayo de 2018 - Cátia Correia Moreira / Município de Portimão
(Asunto C-317/18)
Lengua de procedimiento: portugués
Órgano jurisdiccional remitente
Tribunal Judicial da Comarca de Faro
Partes en el procedimiento principal
Demandante: Cátia Correia Moreira
Demandada: Município de Portimão
Cuestiones prejudiciales
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Partiendo de que ha de entenderse por «trabajador» cualquier persona que, en el Estado miembro de que se trate, esté protegida como tal por la normativa laboral nacional, ¿puede considerarse «trabajador» a efectos del artículo 2, apartado 1, letra d), de la Directiva 2001/23/CE 1 del Consejo, de 12 de marzo de 2001, una persona que tiene con la cedente un contrato para desempeñar un puesto de confianza y puede disfrutar dicha persona, en consecuencia, de la protección que concede la normativa en cuestión?
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¿Se opone la legislación de la Unión Europea, en particular la citada Directiva 2001/23/CE, en relación con el artículo 4, apartado 2, del Tratado de la Unión Europea, a una normativa nacional que, incluso en el caso de una transmisión comprendida en el ámbito de la citada Directiva, exige que los trabajadores se sometan necesariamente a un procedimiento público de selección y queden obligados por un nuevo vínculo con el cesionario al ser este último un ayuntamiento?
[1] Directiva 2001/23/CE del Consejo...
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