Follow-up on the Commission’s answer to question E-001324/2025 on the compatibility with Community law of Italy’s Interministerial Decree Law No 688 of 24 May 2023

Priority question for written answer P-004127/2025
to the Commission
Rule 144
Cynthia Ní Mhurchú (Renew), Michael McNamara (Renew), Seán Kelly (PPE), Billy Kelleher (Renew), Marion Walsmann (PPE), Ciaran Mullooly (Renew), Barry Andrews (Renew), Barry Cowen (Renew), Luke Ming Flanagan (The Left), Malika Sorel (NI), Kathleen Funchion (The Left), Tomislav Sokol (PPE), Davor Ivo Stier (PPE)

In replying to my question for written answer E-001324/2025[1] the Commission failed to answer the question about the compatibility with Community law of the provision of Italy's Interministerial Decree Law No 688, which limits the years for which lettori (lecturers) are entitled to backdated settlements for discriminatory treatment. In paragraph 25 of its ruling in Case C-119/04, the CJEU held that Member States cannot plead provisions of its domestic legal order to justify failure to observe Community law obligations.

On 17 July 2025, the Commission closed Case C-519/23, thereby precluding the Court from ruling on the said compatibility. The closure gives rise to these questions:

• 1.Is it the Commission's position that Interministerial Decree Law No 688 of 24 May 2023, legislation introduced purportedly to comply with the ruling in Case C-119/04, is compatible with Community law?
• 2.Given that Italy informed the Commission in October 2024 of the settlement of the infringement case under the said contentious legislation, and that the Commission in its reply of 10 June 2025 to question E-001324/2025 stated that Case C-519/23 'is currently pending at the Court of Justice', will the Commission explain what subsequent factors caused it to close the case on 17 July 2025?

Submitted: 20.10.2025

• [1] https://www.europarl.europa.eu/doceo/document/E-10-2025-001324_EN.html.