CELEX: C2006/131/37
Language: en
Date: 2006-06-03 00:00:00
Title: Case C-499/04: Judgment of the Court (Third Chamber) of  9 March 2006  (reference for a preliminary ruling from the Landesarbeitsgericht Düsseldorf) — Hans Werhof v Freeway Traffic Systems GmbH & Co. KG (Transfer of undertakings — Directive 77/187/EEC — Safeguarding of employees' rights — Collective agreement applicable to the transferor and the employee at the time of the transfer)

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/21
            
         Judgment of the Court (Third Chamber) of 9 March 2006 (reference for a preliminary ruling from the Landesarbeitsgericht Düsseldorf) — Hans Werhof v Freeway Traffic Systems GmbH & Co. KG
   (Case C-499/04) (1)
   
   (Transfer of undertakings - Directive 77/187/EEC - Safeguarding of employees' rights - Collective agreement applicable to the transferor and the employee at the time of the transfer)
   (2006/C 131/37)
   Language of the case: German
   Referring court
   Landesarbeitsgericht Düsseldorf
   Parties to the main proceedings
   
      Applicant: Hans Werhof
   
      Defendant: Freeway Traffic Systems GmbH & Co. KG
   Re:
   Reference for a preliminary ruling — Landesarbeitsgericht Düsseldorf — Interpretation of Article 3(1) of Council Directive 98/50/EC of 29 June 1998 amending Directive 77/187/EEC on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses (OJ 1998 L 201, p. 88) — Obligations of the transferee with regard to retention of more favourable pay conditions resulting from a collective agreement applicable to the transferor and the employee at the time of the transfer
   Operative part of the judgment
   Article 3(1) of Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses must be interpreted as not precluding, in a situation where the contract of employment refers to a collective agreement binding the transferor, that the transferee, who is not party to such an agreement, is not bound by collective agreements subsequent to the one which was in force at the time of the transfer of the business.
   
      (1)  OJ C 31 of 05.02.2005.