Asunto C-396/18: Petición de decisión prejudicial planteada por la Corte suprema di cassazione (Italia) el 15 de junio de 2018 — Gennaro Cafaro / DQ
Section | información judicial |
1.10.2018 ES Diario Oficial de la Unión Europea C 352/15
Lengua de procedimiento: italiano
Corte suprema di cassazione
Recurrente: Gennaro Cafaro
Recurrida: DQ
1) Si la normativa nacional establecida en el Decreto del Presidente del Consiglio dei Ministri de 9 de septiembre de 2008 que, en aplicación del artículo 748, apartado 3, del codice della navigazione (Código de la Navegación), regula los límites de empleo del personal de vuelo de DQ y dispone, en particular, la extinción automática de la relación laboral al alcanzarse los 60 años de edad, es contraria al Reglamento n.o 1178/2011 (1) en la parte en que este último fija un límite de 65 años de edad para el empleo de los pilotos en el transporte aéreo comercial, y si este último Reglamento es aplicable al presente asunto, tras descartar la aplicación de la normativa especial nacional.
2) Con carácter subsidiario, en el caso de que se considerase que el Reglamento no es aplicable ratione materiae al presente asunto, si la normativa nacional antes citada es contraria al principio de no discriminación por razón de edad establecido en la Directiva 2000/78 y en la Carta de los Derechos Fundamentas de la Unión Europea (artículo 21, apartado 1), del que la Directiva 2000/78 (2)...
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