CELEX: 62012CA0522
Language: en
Date: 2013-11-07 00:00:00
Title: Case C-522/12: Judgment of the Court (Seventh Chamber) of 7 November 2013 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Tevfik Isbir v DB Services GmbH (Request for a preliminary ruling — Freedom to provide services — Posting of workers — Directive 96/71/EC — Minimum rates of pay — Lump sums and employer contribution to a multiannual savings plan for the benefit of its employees)

11.1.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/14
            
         Judgment of the Court (Seventh Chamber) of 7 November 2013 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Tevfik Isbir v DB Services GmbH
   (Case C-522/12) (1)
   
   (Request for a preliminary ruling - Freedom to provide services - Posting of workers - Directive 96/71/EC - Minimum rates of pay - Lump sums and employer contribution to a multiannual savings plan for the benefit of its employees)
   2014/C 9/21
   Language of the case: German
   
      Referring court
   
   Bundesarbeitsgericht
   
      Parties to the main proceedings
   
   
      Applicant: Tevfik Isbir
   
      Defendant: DB Services GmbH
   
      Re:
   
   Request for a preliminary ruling — Bundesarbeitsgericht — Interpretation of Article 3(1)(c) of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ 1997 L 18, p. 1) — Calculation of the minimum rate of pay — Inclusion of the employer contribution to a multiannual savings plan for the benefit of its employees — Situation in which the employees cannot have access to those assets for several years
   
      Operative part of the judgment
   
   Article 3(1)(c) of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, is to be interpreted as meaning that it does not preclude the inclusion in the minimum wage of elements of remuneration which do not alter the relationship between the service provided by the worker, on the one hand, and the consideration which he receives by way of remuneration for that service, on the other. It is for the national court to verify whether that is the case as regards the elements of remuneration at issue in the main proceedings.
   
      (1)  OJ C 32, 2.2.2013.