NUICA Cristian, Consideraţii juridice privind Cauza C-301/21, Curtea de Apel Alba Iulia e.a.

Articole
Publicare: Revista Romana de Dreptul Muncii 5 din 2021
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Tip: Doctrina

Consideraţii juridice privind Cauza C-301/21, Curtea de Apel Alba Iulia e.a.

Consideraţii juridice privind Cauza C-301/21, Curtea de Apel Alba Iulia e.a.

Dr. Cristian NUICĂ

ABSTRACT

The article aims to highlight the particular considerations of the author regarding the request for a preliminary ruling in Case C-301/21, Alba Iulia Court of Appeal, etc.

The author seeks to analyze and issue legally reasoned opinions on the subject-matter of the reference in question, namely:

- Union law allows the period of 3 years for the formulation of the claim to run exclusively from the date of occurrence of the damage or from the date on which the person concerned became aware of the occurrence of the damage;

- Directive 2000/78/EC precludes a differentiated remuneration between magistrates, given that the applicants did not have the legal possibility to request an increase in the employment allowance at the time of admission to the judiciary following the entry into force of Law no. 330/2009, which expressly provided that the salary rights are and remain exclusively those...

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