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Case C-172/11: Reference for a preliminary ruling from the Arbeitsgericht Ludwigshafen am Rhein (Germany), lodged on 11 April 2011 — Georges Erny v Daimler AG — Werk Wörth
ECLI:EU:UNKNOWN:62011CN0172
62011CN0172
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Valentina R., lawyer
30.7.2011
Official Journal of the European Union
C 226/9
(Case C-172/11)
2011/C 226/16
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Georges Erny
Defendant: Daimler AG — Werk Wörth
Questions referred
1.Does a provision concerning part-time working for older employees, contained in an individual contract, which stipulates that the agreed top-up amount is to be calculated in accordance with the German Order on Minimum Net Pay in the case also of frontier workers from France, such as Paragraph 5(1) of the contract of part-time working for older employees concluded between the parties, infringe Article 45 TFEU, as specifically implemented by Article 7(4) of Council Regulation (EEC) No 1612/68 (1)?
2.If the Court of Justice answers Question 1 in the affirmative: In the light of the provisions of Article 45 TFEU, as specifically implemented by Article 7(4) of Regulation (EEC) No 1612/68, are provisions of this kind in collective agreements, such as Point 8.3 of the general works council agreement of 24 July 2000 and Paragraph 7 of the collective agreement of 23 November 2004, to be interpreted as meaning that, in the case of frontier workers, the top-up amount is not to be calculated in accordance with the table set out in the Order on Minimum Net Pay?
Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (OJ, English special edition 1968(II), p. 475).