CELEX: C2007/211/42
Language: en
Date: 2007-09-08 00:00:00
Title: Case C-306/07: Reference for a preliminary ruling from the Højesteret (Supreme Court), Denmark lodged on 3 July 2007 — Ruben Andersen v Kommunernes Landsforening, acting on behalf of Slagelse Kommune (formerly Skælskør Kommune)

8.9.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/22
            
         Reference for a preliminary ruling from the Højesteret (Supreme Court), Denmark lodged on 3 July 2007 — Ruben Andersen v Kommunernes Landsforening, acting on behalf of Slagelse Kommune (formerly Skælskør Kommune)
   (Case C-306/07)
   (2007/C 211/42)
   Language of the case: Danish
   Referring court
   Højesteret
   Parties to the main proceedings
   
      Applicant: Ruben Andersen
   
      Defendant: Kommunernes Landsforening, acting on behalf of Slagelse Kommune (formerly Skælskør Kommune)
   Questions referred
   
               1.
            
            
               Is Article 8(1) of Council Directive 91/533/EEC (1) of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship to be interpreted as meaning that a collective agreement which is intended to implement the provisions of the Directive cannot be applied to an employee who is not a member of an organisation party to that agreement?
            
         
               2.
            
            
               If Question 1 is answered in the negative: are the words in Article 8(2) of the Directive: ‘employees not covered by a collective agreement or by collective agreements relating to the employment relationship’ to be interpreted as meaning that provisions in a collective agreement or the obligation of prior notification of the employer cannot be applied to an employee who is not a member of an organisation party to that agreement?
            
         
               3.
            
            
               Do the words ‘temporary contract’ and ‘temporary … employment relationship’ in Article 8(2) of the Directive refer to short-term employment relationships or to something else, such as all fixed-term employment relationships? If the former, which criteria should be used to determine whether an employment relationship is temporary (short-term)?
            
         
      (1)  OJ 1991 L 288, p. 32.