CELEX: C1998/166/06
Language: en
Date: 1998-05-30 00:00:00
Title: Reference for a preliminary ruling by the Østre Landsret by order of 12 March 1998 in the case of DAT-SCHAUB a.m.b.a. v Ministeriet for Fødevarer, Landbrug og Fiskeri (Case C-74/98)

C 166/4             EN                 Official Journal of the European Communities                                     30.5.98
1. Are Articles 48, 59 and 60 of the EC Treaty to be                  employers resident in Germany which in certain cases
   interpreted as infringed by a provision of national law            results in different businesses falling within the field of
   Ð the first sentence of Paragraph 1(3) of the Arbeit-              application of the generally binding collective
   nehmerentsendegesetz (Law on the Posting of                        agreement?
   Workers) Ð which extends the application of
   provisions of collective agreements which have been
   declared generally binding concerning the collection of        4. Is Article 3(1)(b) of Directive 96/71/EC (2) of the
   contributions and the grant of benefits in connection              European Parliament and of the Council of
   with workers' holiday entitlements by joint bodies of              16 December 1996 concerning the posting of workers
   parties to collective agreements, and thus the                     in the framework of the provision of services to be
   provisions of those agreements concerning the scheme               interpreted as in any event, having regard to the
   to be complied with in that regard, to employers                   correct interpretation of Articles 48, 59 and 60 of the
   resident abroad and their workers who have been                    EC Treaty, neither requiring nor permitting the rules at
   posted to the area within which those collective                   issue in Questions 1, 2 and 3?
   agreements apply?
                                                                  (1) OJ L 307 of 13.12.1993, p. 18.
                                                                  (2) OJ L 18 of 21.1.1997, p. 1.
2. Are Articles 48, 59 and 60 of the EC Treaty to be
   interpreted as infringed by the second sentence of
   Paragraph 1(1) and the first sentence of Paragraph 1(3)
   of the Arbeitnehmerentsendegesetz which result in the
   application of provisions of collective agreements
   declared to be generally binding which:
                                                                  Reference for a preliminary ruling by the éstre Landsret
                                                                  by order of 12 March 1998 in the case of DAT-SCHAUB
   (a) provide for a length of leave which exceeds the             a.m.b.a. v Ministeriet for Fùdevarer, Landbrug og Fiskeri
       minimum length of annual leave laid down in                                        (Case C-74/98)
       Council Directive 93/104/EC of 23 November
       1993 (1) concerning certain aspects of the                                          (98/C 166/06)
       organisation of working time; and/or
                                                                  Reference has been made to the Court of Justice of the
   (b) allow employers resident in Germany to claim the           European Communities by order of 12 March 1998 from
       reimbursement of expenditure on holiday pay and            the éstre Landsret (Eastern Regional Court), which was
       holiday allowances from joint bodies of the parties        received at the Court Registry on 17 March 1998, for a
       to the collective agreements whereas, in the case of       preliminary ruling in the case of DAT-SCHAUB a.m.b.a. v
       employers resident abroad, they do not provide for         Ministeriet for Fùdevarer, Landbrug og Fiskeri (Ministry
       such a claim but instead for a direct claim by the         of Food, Agriculture and Fisheries) on the following
       posted workers against the joint bodies of the             question:
       parties to the collective agreements; and/or
                                                                  Having regard to the Cooperation Agreement between the
   (c) in connection with the social fund scheme to be            European Economic Community and the countries parties
       complied with under those collective agreements,           to the Charter of the Cooperation Council for the Arab
       impose on employers resident abroad obligations            States of the Gulf, approved by Council Directive 89/147/
       to provide information to the joint bodies of the          CEE of 20 February 1989 (1), must the term non-member
       parties to the collective agreements whereby the           country' in the second subparagraph of the Article 17(2)
       amount of information to be given exceeds the              of Regulation (CEE) No 3665/87 (2) laying down common
       amount required from employers resident in                 detailed rules for the application of the system of export
       Germany?                                                   refunds on agricultural products be construed as meaning
                                                                  that countries parties to the Charter are treated as one
                                                                  single non-member country, with the result that a product
3. Are Articles 48, 59 and 60 of the EC Treaty to be              which, after processing in the Jebel Ali Free Zone in the
   interpreted as infringed by Paragraph 1(4) of the              United Arab Emirates, is imported into and released for
   Arbeitnehmerentsendegesetz under which Ð for the               free circulation in another of the countries parties to the
   purposes of classifying businesses as covered by a             Charter is to be regarded as having been imported in the
   collective agreement which has been declared generally         unaltered state within the meaning of Article 17 of the
   binding and which, under the first sentence of                 regulation?
   Paragraph 1(3) of that Law, also applies to employers
   resident abroad and their workers who have been                (1) OJ L 54 of 25.2.1989, p. 1.
   posted to the area within which that collective                (2) OJ L 351 of 14.12.1987, p. 1.
   agreement applies Ð all workers posted to Germany,
   but only those workers, are treated as a business,
   while a different definition of a business applies to