WRITTEN QUESTION E-2638/00 by Karl von Wogau (PPE-DE) to the Commission. Registration of crews of German inland waterway vessels in other Member States on the pretext that the rules on freedom of establishment apply.
Date: 2000-08-01
Institutions: European Parliament, Provisional data
Subjects: Germany, Luxembourg, application of EU law, inland waterway shipping, labour law, transfer of businesses

3.4.2001

EN

Official Journal of the European Communities

C 103 E/203

(2001/C 103 E/231)

WRITTEN QUESTION E-2638/00

by Karl von Wogau (PPE-DE) to the Commission

(1 August 2000)

Subject: Registration of crews of German inland waterway vessels in other Member States on the pretext

that the rules on freedom of establishment apply

Is the European Commission aware that terms of employment valid under German labour law are being
replaced by less favourable terms of employment valid in other Member States on the pretext that the rules
on freedom of establishment apply in the internal market, and does the Commission regard this as
admissible?

A German inland waterway shipping firm, a subsidiary of a German concern, intends to (cid:145)re-register(cid:146) its
crews with a Luxembourg subsidiary of the same concern. The employees, who thus far have had German
employment contracts, are being offered terms of employment under Luxembourgish law instead. At the
same time, their gross pay is being cut in real terms and their working hours on board increased.

If they turn down the offer, the employees are being threatened with dismissal on operational grounds.

Their work would continue to be carried out on the same vessels, which still belong to their present
employer, the German subsidiary referred to above.

Answer given by Mrs Diamantopoulou on behalf of the Commission

(16 October 2000)

The Honourable Member questions the practice of some inland waterway shipping firms which re-register
their vessels in a Member State where the workers have less favourable working conditions, on the pretext
that the rules of freedom of establishment apply in the internal market.

In the light of the facts presented, the Commission is not in a position to pronounce on the legal status of
the case in question and to determine whether it is a transfer of an undertaking within the meaning of
Council Directive 77/187/EEC of 14 February 1977 (1), as amended by Council Directive 98/50/EEC of
29 June 1998 on the approximation of the laws of the Member States relating to the safeguarding of
employees(cid:146) rights in the event of transfers of undertakings, businesses or parts of businesses (2).

In any case, the law applicable to shipping (cid:129) and this includes waterway vessels (cid:129) under international
private law is usually that of the Member State of registration.

Nevertheless, on the basis of Article 6, paragraph 2 of the Convention on the law 80/394/EEC applicable
to contractual obligations opened for signature in Rome on 19 June 1980 (3), if the overall circumstances
mean that the contract is more closely connected with a country other than that whose law is, in principle,
applicable, the law of that country will be applied.

(1) OJ L 61, 5.3.1977.
(2) OJ L 201, 17.7.1998.
(3) OJ L 266, 9.10.1980.