Sindicato Nacional dos Profissionais de Seguros e Afins v Fidelidade Mundial - Companhia de Seguros SA.

• Jurisdiction: European Union
• Celex Number: 62012CO0264
• ECLI: ECLI:EU:C:2014:2036
• Date: 26 June 2014
• Court: Court of Justice (European Union)
• Procedure Type: Cuestión prejudicial - inadmisible
• Docket Number: C‑264/12

ORDER OF THE COURT (Sixth Chamber)

26 June 2014 ( *1 )

‛Reference for a preliminary ruling — Article 53(2) of the Rules of Procedure — Charter of Fundamental Rights of the European Union — National legislation establishing salary reductions for certain public sector workers — Failure to implement EU law — Clear lack of jurisdiction of the Court’

In Case C‑264/12,

REQUEST for a preliminary ruling under Article 267 TFEU from the Tribunal do Trabalho do Porto (Portugal), made by decision of 22 May 2012, received at the Court on 29 May 2012, in the proceedings

Sindicato Nacional dos Profissionais de Seguros e Afins

v

Fidelidade Mundial — Companhia de Seguros SA,

THE COURT (Sixth Chamber),

composed of A. Borg Barthet, President of the Chamber, E. Levits (Rapporteur) and M. Berger, judges,

Advocate General: N. Jääskinen,

Registrar: A. Calot Escobar,

having regard to the written procedure,

after considering the observations submitted on behalf of:

— Fidelidade Mundial — Companhia de Seguros SA, by R. Simões Correia, advogada,

— the Portuguese Government, by L. Inez Fernandes and by V. Silva and F. Almeida, acting as Agents,

— the Netherlands Government, by M. Bulterman and J. Langer, acting as Agents,

— the European Commission, by M. França, J.-P. Keppenne and D. Martin, acting as Agents,

having decided, after hearing the Advocate General, to give a decision by reasoned order, pursuant to 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, 21(1) and 31(1) of the Charter of Fundamental Rights of the European Union (‘the Charter’).

2 The request has been made in proceedings between Sindicato Nacional dos Profissionais de Seguros e Afins and Fidelidade Mundial — Companhia de Seguros SA (‘Fidelidade Mundial’), concerning the abolition of the holiday and Christmas allowances previously paid to the latter’s employees.

Legal context

3 In Portugual, Article 20 of Law No 64-B/2011 of 30 December 2011, the Lei do Orçamento do Estado para 2012 (Diário da República, Series I, No 250 of 30 December 2011, ‘the 2012 Finance Law’), provides that the salary reductions for public sector workers adopted by Law No 55-A/2010 of 31 December 2010 (Diário da República, Series I, No 25 of 31 December 2010, ‘the 2011 Finance Law’) are to remain in force in 2012.

4 Article 21 of the 2012 Finance Law, entitled ‘Suspension of payment of holiday and Christmas or similar allowances’, provides: ‘1 — During the period of application of the Economic and Financial Assistance Programme (PAEF), payment of holiday and Christmas allowances or of any sums corresponding to the thirteenth and/or fourteenth months to the persons referred to in Article 19(9) of [the 2011 Finance Law], as amended by Law No 48/2011 of 26 August 2011 and Law No 60-A/2011 of 30 November 2011, whose basic monthly salary is greater than EUR 1 100 shall be suspended as an exceptional measure to secure budgetary stability. 2 — In the case of the persons mentioned in Article 19(9) of [the 2011 Finance Law], as amended by Law No 48/2011 of 26 August 2011 and Law No 60-A/2011 of 30 November 2011, whose basic monthly salary is equal to or greater than EUR 600, but less than EUR 1 100, the allowances or disbursements referred to in the preceding paragraph shall be reduced, the amount due to them being calculated as follows: allowances/disbursements = 1 320 - 1.2 x basic monthly salary. 3 — The provisions of the preceding paragraphs shall apply to all disbursements, irrespective of their formal designation, which amount, directly or indirectly, to payment of the allowances referred to in those paragraphs, in particular those paid in addition to the basic monthly salary. 4 — The provisions of paragraphs 1 and 2 shall also apply to contracts for the provision of services entered into with natural or legal persons, in so far as those services are provided on an ongoing basis by members of the liberal professions whose remuneration takes the form of year-round monthly payments supplemented by one or two disbursements of equal value. 5 — The provisions of this article shall take effect on completion of the salary reductions provided for in Article 19 of [the 2011 Finance Law], as amended by Law No 48/2011 of 26 August 2011 and Law No 60-A/2011 of 30 November 2011, and Article 23 of that Law. 6 — The provisions of this article shall apply to the holiday allowances to which the persons concerned would be entitled, whether in respect of holidays accrued at the beginning of 2012 or in respect of holidays accrued thereafter, including pro rata payments in connection with the cessation or suspension of the legal employment relationship. 7 — The provisions of the preceding paragraph shall apply mutatis mutandis to Christmas allowances. 8 — The provisions of this article shall also apply to standby or similar staff, whether or not they are actually working. 9 — The rules laid down in this article are mandatory and exceptional, take precedence over any other provisions to the contrary, whether special or...