CELEX: C2000/135/14
Language: en
Date: 2000-05-13 00:00:00
Title: Case C-77/00: Reference for a preliminary ruling by the Arbeitsgericht Wiesbaden by order of that court of 15 February 2000 in the case of Urlaubs- und Lohnausgleichskasse der Bauwirtschaft against Viscondense Construcoes, Lda.

C 135/8                  EN                    Official Journal of the European Communities                                     13.5.2000
The Second Appellant (Republica SA) will argue that the Court                 (a) provide for a length of leave which exceeds the
of First Instance erred in law in that it considered that the                     minimum length of annual leave laid down in Council
Council had given an adequate statement of reasons for the                        Directive 93/104/EC (1) of 23 November 1993 con-
determination of the margin of dumping in the case of the                         cerning certain aspects of the organisation of working
Second Appellant.                                                                 time;
                                                                                  and/or
(1) OJ C 113 of 11.4.1998, p. 18.
(2) OJ C 113 of 11.4.1998, p. 19.
(3) of the Council, imposing definitive anti-dumping duties on                (b) allow employers resident in Germany to claim the
    imports of certain seamless pipes and tubes of iron or non-alloy              reimbursement of expenditure on holiday pay and
    steel originating in Hungary, Poland, Russia, the Czech Republic,             holiday allowances from joint bodies of the parties to
    Romania and the Slovak Republic, repealing Regulation (EEC)                   the collective agreements whereas, in the case of
    No 1189/93 and terminating the proceeding in respect of such                  employers resident abroad, they do not provide for
    imports originating in the Republic of Croatia (OJ 1997, L 322,               such a claim but instead for a direct claim by the
    p. 1).
                                                                                  posted workers against the joint bodies of the parties
                                                                                  to the collective agreements;
                                                                                  and/or
                                                                              (c) in connection with the social fund scheme to be
                                                                                  complied with under those collective agreements,
                                                                                  impose on employers resident abroad obligations to
Reference for a preliminary ruling by the Arbeitsgericht                          provide information to the joint bodies of the parties
Wiesbaden by order of that court of 15 February 2000                              to the collective agreements whereby the amount of
in the case of Urlaubs- und Lohnausgleichskasse der                               information to be given exceeds the amount required
   Bauwirtschaft against Viscondense Construcoes, Lda.                            from employers resident in Germany?
                           (Case C-77/00)                                 3. Are Articles 48, 59 and 60 of the EC Treaty to be
                                                                              interpreted as infringed by Paragraph 1(4) of the Arbeit-
                                                                              nehmerentsendegesetz, under which — for the purposes of
                          (2000/C 135/14)
                                                                              classifying businesses as covered by a collective agreement
                                                                              which has been declared generally binding and which,
Reference has been made to the Court of Justice of the                        under the first sentence of Paragraph 1(3) of that Law, also
European Communities by order of the Arbeitsgericht (Labour                   applies to employers resident abroad and their workers
Court) Wiesbaden of 15 February 2000, received at the Court                   who have been posted to the area within which that
Registry on 2 March 2000, for a preliminary ruling in the case                collective agreement applies — all workers posted to
of Urlaubs- und Lohnausgleichskasse der Bauwirtschaft against                 Germany, but only those workers, are treated as a business,
Viscondense Construcoes, Lda. on the following questions:                     while a different definition of a business applies to
                                                                              employers resident in Germany, which in certain cases
                                                                              results in different businesses falling within the field of
1. Are Articles 48, 59 and 60 of the EC Treaty to be                          application of the generally binding collective agreement?
     interpreted as infringed by a provision of national law —
     the first sentence of Paragraph 1(3) of the Arbeitnehmer-
     entsendegesetz (Law on the Posting of Workers) — which               4. Is Article 3(1)(b) of Directive 96/71/EC (2) of the European
     extends the application of provisions of collective agree-               Parliament and of the Council of 16 December 1996
     ments which have been declared generally binding con-                    concerning the posting of workers in the framework of the
     cerning the collection of contributions and the grant of                 provision of services to be interpreted as in any event,
     benefits in connection with workers’ holiday entitlements                having regard to the correct interpretation of Articles 48,
     by joint bodies of parties to collective agreements, and                 59 and 60 of the EC Treaty, neither requiring nor
     thus the provisions of those agreements concerning the                   permitting the rules at issue in Questions 1, 2 and 3?
     scheme to be complied with in that regard, to employers
     resident abroad and their workers who have been posted
     to the area within which those collective agreements apply?
                                                                          (1) OJ 1993 L 307, p. 18.
2. Are Articles 48, 59 and 60 of the EC Treaty to be                      (2) OJ 1997 L 18, p. 1.
     interpreted as infringed by the second sentence of Para-
     graph 1(1) and the first sentence of Paragraph 1(3) of the
     Arbeitnehmerentsendegesetz which result in the appli-
     cation of provisions of collective agreements declared to
     be generally binding which: