Sindicato Nacional dos Profissionais de Seguros e Afins v Via Directa - Companhia de Seguros SA.

• Jurisdiction: European Union
• Celex Number: 62013CO0665
• ECLI: ECLI:EU:C:2014:2327
• Docket Number: C-665/13
• Court: Court of Justice (European Union)
• Procedure Type: Cuestión prejudicial - inadmisible
• Date: 21 October 2014

ORDER OF THE COURT (Sixth Chamber)

21 October 2014 ( *1 )

‛Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — Principles of equal treatment and non-discrimination — National legislation establishing salary reductions for certain public sector employees — No implementation of EU law — Clear lack of jurisdiction of the Court’

In Case C‑665/13,

REQUEST for a preliminary hearing under Article 267 TFEU from the Tribunal do Trabalho de Lisboa (Portugal), made by decision of 28 October 2013, received at the Court on 16 December 2013, in the proceedings

Sindicato Nacional dos Profissionais de Seguros e Afins

v

Via Directa — Companhia de Seguros SA,

THE COURT (Sixth Chamber),

composed of A. Borg Barthet, acting as President of the Sixth Chamber, E. Levits (Rapporteur) and M. Berger, Judges,

Advocate General: N. Jääskinen,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to give a decision by reasoned order, in accordance with Article 53(2) of the Rules of Procedure of the Court,

makes the following

Order

1 This request for a preliminary ruling concerns the interpretation of Articles 20 and 21 of the Charter of Fundamental Rights of the European Union (‘the Charter’).

2 The request has been made in proceedings between the Sindicato Nacional dos Profissionais de Seguros e Afins and Via Directa — Companhia de Seguros SA (‘Via Directa’), concerning the suspension of Christmas bonuses or any other benefit relating to the 13th and/or 14th month pay in respect of 2012.

Legal context

3 In Portugal, Law No 64-B/2011 of 31 December 2011 approving the State Budget for 2012 (Diário da República, Series I, No 250, of 30 November 2012; ‘the 2012 Budget Law’), provides, in Article 20, that the salary reductions for public sector employees under Law No 55-A/2010 of 31 December 2010 approving the State Budget for 2011 (Diário da República, Series I, No 253, of 31 December 2010; ‘the 2011 Budget Law’), will remain in force during 2012.

4 Article 21(1) of the 2012 Budget Law, entitled ‘Suspension of payment of holiday and Christmas bonuses or similar benefits’, provides: ‘For the duration of the Economic and Financial Assistance Programme (EFAP), as an exceptional measure of budgetary stability, the payment of holiday and Christmas bonuses … or any benefits relating to the 13th and/or 14th month pay to those persons referred to in Article 19(9) of [the 2011 Budget Law], as amended by Law No 48/2011 of 26 August 2011 and Law No 60-A/2011 of 30 November 2011, whose monthly remuneration is greater than EUR 1 100.00, shall be suspended.’

The dispute in the main proceedings and the questions referred for a preliminary ruling

5 Via Directa, a Portuguese insurance company, is a limited company with exclusively public capital. It is a signatory to a collective agreement applicable to the parties in the main proceedings.

6 In January 2012, Via Directa decided to apply Article 21(1) of the 2012 Budget Law to its employees, by therefore suspending the payment of the bonuses provided for in that collective agreement.

7 The 2012 Budget Law supplemented the provisions of the 2011 Budget Law, which also sought to reduce public expenditure.

8 Having before it two other disputes relating to Article 19 of the 2011 Budget Law...