Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 15 June 2018 — Gennaro Cafaro v DQ

(Case C-396/18)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Appellant: Gennaro Cafaro

Cross-appellant: DQ

Questions referred

Is the national legislation set out in the Prime Ministerial Decree of 9 September 2008, in implementation of the third paragraph of Article 748 of the Navigation Code, which regulates the limitations on employment for DQ aircrew and in particular provides for the automatic termination of the employment relationship once a pilot reaches the age of 60, contrary to Regulation No 1178/2011 ¹ in so far as that regulation sets 65 years as the age limit for employing pilots in commercial air transport, and would that regulation, if the special national legislation were to be disapplied, be applicable to the present case?

In the alternative, if that regulation is held not to be applicable ratione materiae to the present case, is the aforementioned national legislation contrary to the principle of non-discrimination on the ground of age laid down in Directive 2000/78 ² and in Article 21(1) of the Charter of Fundamental Rights of the European Union, to which Directive 2000/78 gives practical expression?

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¹ Commission Regulation (EU) No 1178/2011 of 3 November 2011 laying down technical requirements and administrative procedures related to civil aviation aircrew pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ 2011 L 311, p. 1).

² Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ 2000 L 303, p. 16).