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Case C-413/13: Judgment of the Court (First Chamber) of 4 December 2014 (reference for a preliminary ruling from the Gerechtshof te 's-Gravenhage — Netherlands) — FNV Kunsten Informatie en Media v Staat der Nederlanden (Reference for a preliminary ruling — Competition — Article 101 TFEU — Substantive scope — Collective labour agreement — Provision laying down minimum rates for independent service providers — Definition of ‘undertaking’ — Definition of ‘employee’ )
ECLI:EU:UNKNOWN:62013CA0413
62013CA0413
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9.2.2015
Official Journal of the European Union
C 46/11
(Case C-413/13) (<span class="super">1</span>)
((Reference for a preliminary ruling - Competition - Article 101 TFEU - Substantive scope - Collective labour agreement - Provision laying down minimum rates for independent service providers - Definition of ‘undertaking’ - Definition of ‘employee’))
(2015/C 046/14)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: FNV Kunsten Informatie en Media
Defendant: Staat der Nederlanden
Operative part of the judgment
On a proper construction of EU law, it is only when self-employed service providers who are members of one of the contracting employees’ organisations and perform for an employer, under a works or service contract, the same activity as that employer’s employed workers, are ‘false self-employed’, in other words, service providers in a situation comparable to that of those workers, that a provision of a collective labour agreement, such as that at issue in the main proceedings, which sets minimum fees for those self-employed service providers, does not fall within the scope of Article 101(1) TFEU. It is for the national court to ascertain whether that is so.
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Language of the case: Dutch.
(2015/C 046/14)
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