MIL-OSI Europe: Answer to a written question – Circumscribing Treaty rights of non-national workers to equal treatment over the course of their careers by invoking domestic statute of limitations legislation – E-001324/2025(ASW)

The Commission has been following the case of former lettori in Italian Universities very closely with the aim that Italy complies with the judgments of the Court of Justice of the European Union in cases C-212/99[1] and C-119/04[2].

In July 2023, the Commission decided to refer Italy to the Court of Justice of the European Union for maintaining discrimination of foreign lecturers[3]. Case C-519/23[4] is currently pending at the Court of Justice.

The aim of the infringement procedure is to ensure that Italy puts appropriate measures in place to accommodate the requirements of the Court judgments.

It is, however, for Italy to decide how to best accommodate the requirements of the Court judgments. Member States have a primary responsibility to monitor the application of the relevant legal provisions and to take the necessary steps for enforcement.

In October 2024, the Italian authorities indicated to the Commission that the implementation of the procedure laid down in Ministerial Decree No 688/2023 of 24 May 2023 has ensured that former lettori had the right to reconstruct their career, in compliance with the obligations arising from EU and national legislation and the procedure has concluded with the payment of the sums due to former lettori.

In March 2025, the Italian trade unions provided the Commission with recent information regarding the case, which the Commission has transmitted to the Italian authorities for their reaction.

The Commission is following the developments of the case.

• [1] Judgment of the Court of Justice of 26 June 2001, Commission of the European Communities v Italian Republic, Case C-212/99, ECLI:EU:C:2001:357 eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=oj:JOC_2001_227_R_0002_02.
• [2] Judgment of the Court of Justice of 18 July 2006, Commission of the European Communities v Italian Republic, Case C-119/04, ECLI:EU:C:2006:489 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62004CJ0119.
• [3] https://curia.europa.eu/juris/liste.jsf?num=C-519/23.
• [4] Case C-519/23: Action brought on 10 August 2023, European Commission v Italian Republic, OJ C 338, 25.9.2023, p. 15 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62023CN0519.