Case C-306/07: Judgment of the Court (First Chamber) of 18 December 2008 (reference for a preliminary ruling from the Højesteret — Denmark) — Ruben Andersen v Kommunernes Landsforening, acting on behalf of Slagelse Kommune (formerly Skælskør Kommune) (Information to be provided to employees — Directive 91/533/EEC — Article 8(1) and (2) — Scope — Employees covered by a collective agreement — Concept of temporary contract or employment relationship )
Date: 2008-12-18
Institutions: Court of Justice
Subjects: collective agreement, interpretation of the law, temporary employment, work contract, worker information

21.2.2009

EN

Official Journal of the European Union

C 44/13

Operative part of the judgment

Parties to the main proceedings

The Court:

Applicant: Ruben Andersen

1. Declares that, by adopting and maintaining in force provisions such

as

— Article 1(25)

to (27) and (29)(a) of Law No 308 of
15 December 2004 delegating power to the government to
reform, coordinate and supplement legislation in environmental
matters and direct implementation measures, and

— Article 1(29)(b) of Law No 308 of 15 December 2004 and
Articles 183(1)(s) and 229(2) of Legislative Decree No 152
of 3 April 2006 laying down rules in environmental matters,

and

activities

legislation

high-quality

under which certain scrap intended for use in iron and steel and
metallurgical
fuel
(RDF-Q) respectively are excluded a priori from the scope of the
transposing Council Directive
Italian
75/442/EEC of 15 July 1975 on waste, as amended by Council
Directive 91/156/EEC of 18 March 1991, the Italian Republic
has failed to fulfil its obligations under Article 1(a) of that direc-
tive;

refuse-derived

on waste

2. Orders the Italian Republic to pay the costs.

(1) OJ C 199 of 25.8.2007.

Judgment of the Court (First Chamber) of 18 December
a preliminary ruling from the
2008 (reference
Højesteret — Denmark) — Ruben Andersen
v
Kommunernes Landsforening, acting on behalf of Slagelse
Kommune (formerly Skælskør Kommune)

for

(Case C-306/07) (1)

(Information to be provided to employees — Directive
91/533/EEC — Article 8(1) and (2) — Scope — Employees
‘covered’ by a collective agreement — Concept of ‘temporary
contract or employment relationship’)

(2009/C 44/21)

Language of the case: Danish

Referring court

Højesteret

Defendant: Kommunernes Landsforening, acting on behalf of
Slagelse Kommune (formerly Skælskør Kommune)

Re:

Reference for a preliminary ruling — Højesteret — Interpreta-
tion of Article 8(1) and (2) of Council Directive 91/533/EEC of
14 October 1991 on an employer's obligation to inform
employees of
the conditions applicable to the contract or
employment relationship (OJ 1991 L 288, p. 32) — Applic-
ability of a collective agreement intended to transpose a directive
to an employee who is not a member of one of the organisa-
tions which are party to that agreement — Rights of employees
who believe themselves to be harmed by the failure to comply
with the obligations under the directive

Operative part of the judgment

1. Article 8(1) of Council Directive 91/533/EEC of 14 October
1991 on an employer's obligation to inform employees of
the
conditions applicable to the contract or employment relationship
must be interpreted as meaning that it does not prohibit national
rules which provide that the terms of a collective agreement which
is intended to transpose the provisions of the directive into national
law are to apply to an employee even though he is not a member of
an organisation which is a party to that agreement.;

2. The second paragraph of Article 8(2) of Council Directive 91/533
must be interpreted as meaning that
it does not prevent an
employee who is not a member of a union which is a party to a
collective agreement governing his employment relationship being
regarded as ‘covered by’ that agreement within the meaning of the
abovementioned provision.

3. The words ‘a temporary contract or employment relationship’ in the
second paragraph of Article 8(2) of Directive 91/533 are to be
interpreted as referring to contracts and employment relationships
entered into for a short period. If no norm has been laid down for
that purpose in a Member State's rules, it is for the national courts
to determine the duration in each case in the light of the specific
characteristics of certain sectors or certain occupations or activities.
That duration must, however, be fixed so as to provide effective
protection of the rights conferred on workers by the directive.

(1) OJ C 211, 8.9.2007.