CELEX: C2005/031/27
Language: en
Date: 2005-02-05 00:00:00
Title: Case C-499/04: Reference for a preliminary ruling by the Landesarbeitsgericht Düsseldorf by order of that court of 8 October 2004 in the case of Hans Werhof against Freeway Traffic Systems GmbH & Co. KG

5.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 31/13
            
         Reference for a preliminary ruling by the Landesarbeitsgericht Düsseldorf by order of that court of 8 October 2004 in the case of Hans Werhof against Freeway Traffic Systems GmbH & Co. KG
   (Case C-499/04)
   (2005/C 31/27)
   Language of the case: German
   Reference has been made to the Court of Justice of the European Communities by order of the Landesarbeitsgericht (Higher Labour Court) Düsseldorf (Germany) of 8 October 2004 received at the Court Registry on 2 December 2004, for a preliminary ruling in the case of Hans Werhof against Freeway Traffic Systems GmbH & Co. KG on the following questions:
   
               1.
            
            
               Is it compatible with Article 3(1) of Council Directive 98/50/EC (1) of 29 June 1998 amending Directive 77/187/EEC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses if a transferee of a business – who is not subject to a collective agreement – is bound by an agreement between the transferor of the business – who is subject to a collective agreement – and the employee, under which the collective wage agreements in force binding the transferor of the business are to apply, in such a way that the collective wage agreement in force at the time of the transfer of the business applies but collective wage agreements entering into force subsequently do not?
            
         
               2.
            
            
               If that is to be answered in the negative:
               Is it compatible with Article 3(1) of Directive 98/50/EC if the transferee of the business – who is not subject to a collective agreement – is bound by collective wage agreements which have entered into force after the transfer of the business only so long as the transferor of the business is so bound?
            
         
      (1)  OJ L 201, p. 88.