23.2.2008

Official Journal of the European Union

C 51/9

(Case C-341/05)

(Freedom to provide services - Directive 96/71/EC - Posting of workers in the construction industry - National legislation laying down terms and conditions of employment covering the matters referred to in Article 3(1), first subparagraph, (a) to (g), save for minimum rates of pay - Collective agreement for the building sector the terms of which lay down more favourable conditions or relate to other matters - Possibility for trade unions to attempt, by way of collective action, to force undertakings established in other Member States to negotiate on a case by case basis in order to determine the rates of pay for workers and to sign the collective agreement for the building sector)

(2008/C 51/15)

Language of the case: Swedish

Referring court

Parties to the main proceedings

Applicant: Laval un Partneri Ltd

Defendants: Svenska Byggnadsarbetareförbundet, Svenska Byggnadsarbetareförbundets avd. 1, Byggettan, Svenska Elektrikerförbundet

Re:

Reference for a preliminary ruling — Arbetsdomstolen — Interpretation of Articles 12 EC and 49 EC and of Articles 3(1); 3(7); 3(8); 3(10) and Article 4 of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ 1997 L 18, p. 1) — Collective action against a construction company which supplied paid workers in a Member State other than that of its head office and which did not enter into a collective agreement in that State.

Operative part of the judgment

Article 49 EC and Article 3 of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services are to be interpreted as precluding a trade union, in a Member State in which the terms and conditions of employment covering the matters referred to in Article 3(1), first subparagraph, (a) to (g) of that directive are contained in legislative provisions, save for minimum rates of pay, from attempting, by means of collective action in the form of a blockade ('blockad') of sites such as that at issue in the main proceedings, to force a provider of services established in another Member State to enter into negotiations with it on the rates of pay for posted workers and to sign a collective agreement the terms of which lay down, as regards some of those matters, more favourable conditions than those resulting from the relevant legislative provisions, while other terms relate to matters not referred to in Article 3 of the directive;

2)

Where there is a prohibition in a Member State against trade unions undertaking collective action with the aim of having a collective agreement between other parties set aside or amended, Articles 49 EC and 50 EC preclude that prohibition from being subject to the condition that such action must relate to terms and conditions of employment to which the national law applies directly.

OJ C 281, 12.11.2005.