CELEX: 62020CN0218
Language: en
Date: 2020-05-27 00:00:00
Title: Case C-218/20: Request for a preliminary ruling from Tribunalul Mureș (Romania) lodged on 27 May 2020 — Sindicatul Lucrătorilor din Transporturi, TD v SC Samidani Trans SRL

7.9.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/23
            
         
      Request for a preliminary ruling from Tribunalul Mureș (Romania) lodged on 27 May 2020 — Sindicatul Lucrătorilor din Transporturi, TD v SC Samidani Trans SRL
      (Case C-218/20)
      (2020/C 297/31)
      Language of the case: Romanian
      
         Referring court
      
      Tribunalul Mureș
      
         Parties to the main proceedings
      
      
         Applicants: Sindicatul Lucrătorilor din Transporturi, TD
      
         Defendant: SC Samidani Trans SRL
      
         Questions referred
      
      
                  1.
               
               
                  Interpretation of Article 8 of 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)[:] (1) does the choice of law applicable to an individual employment contract exclude the application of the law of the country in which the employee has habitually carried out his or her work or does the fact that a choice of law has been made exclude the application of the second sentence of Article 8(1) of that regulation?
               
            
                  2.
               
               
                  Interpretation of Article 8 of 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): is the minimum wage applicable in the country in which the employee has habitually carried out his or her work 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.
               
               
                  Interpretation of Article 3 of 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): does the specification, in an individual employment contract, of the provisions of the Romanian Labour Code equate to a choice of Romanian law, in so far as, in Romania, it is well-known that the employer predetermines the content of the individual employment contract?
               
            
         (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).