CELEX: 62020CN0152
Language: en
Date: 2020-03-30 00:00:00
Title: Case C-152/20: Request for a preliminary ruling from Tribunalul Mureș (Romania) lodged on 30 March 2020 — DG, EH v SC Gruber Logistics SRL

24.8.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 279/23
            
         
      Request for a preliminary ruling from Tribunalul Mureș (Romania) lodged on 30 March 2020 — DG, EH v SC Gruber Logistics SRL
      (Case C-152/20)
      (2020/C 279/31)
      Language of the case: Romanian
      
         Referring court
      
      Tribunalul Mureș
      
         Parties to the main proceedings
      
      
         Applicants: DG, EH
      
         Defendant: SC Gruber Logistics SRL
      
         Questions referred
      
      
                  1.
               
               
                  Is Article 8 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 (1) to be interpreted as meaning that the choice of law applicable to an individual employment contract excludes the application of the law of the country in which the employee has habitually carried out his or her work or as meaning that the fact that a choice of law has been made excludes the application of the second sentence of Article 8(1) of that regulation?
               
            
                  2.
               
               
                  Is Article 8 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 to be interpreted as meaning that the minimum wage applicable in the country in which the employee has habitually carried out his or her work is a right that falls within the scope of ‘provisions that cannot be derogated from by agreement under the law that, in the absence of choice, would have been applicable’, within the meaning of the second sentence of Article 8(1) of the regulation?
               
            
                  3.
               
               
                  Is Article 3 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 to be interpreted as meaning that the specification, in an individual employment contract, of the provisions of the Romanian Labour Code does not equate to a choice of Romanian law, in so far as, in Romania, it is well-known that there is a legal 
                        obligation
                      to include such a choice-of-law clause in individual employment contracts? In other words, is Article 3 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 to be interpreted as precluding national rules and practices pursuant to which a clause specifying the choice of Romanian law must necessarily be included in individual employment contracts?
               
            
         (1)  Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ 2008 L 177, p. 6).