CASE COMMENT: ANTI-COMPETITIVE PRACTICE - COLLECTIVE LABOUR AGREEMENT - MINIMUM FEES - PREVENTION OF SOCIAL DUMPING - SELF-EMPLOYED PERSONS
Collective labour agreement: General Advocate Wahl invites the Court of Justice of the European Union to consider that collective labour agreement are within the scope of Article 101 TFEU if they are entered into in the interests of and on behalf of self-employed persons, but outside the scope Article 101 TFEU of if they are entered into in the interests of and on behalf of employees, whose employment and working conditions they directly improve by genuinely and effectively preventing social dumping (FNV Kunsten Informatie en Media/Staat der Nederlanden)
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On 11 September 2014, Advocate General Nils Wahl delivered his Opinion on 11 September 2014. in Case C-413/13 (FNV Kunsten Informatie en Media v Staat der Nederlanden): reference for a preliminary ruling from the Gerechtshof Den Haag (Regional Court of Appeal, The Hague) on the application of the European competition rules to collective agreements providing in the main proceedings for, inter alia, the minimum remuneration to be received by musicians replacing members of an orchestra by entering into an employment relationship with that orchestra for that purpose.
In view of its doubts as to the correct interpretation of Article 101 TFEU, the Gerechtshof
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