''FNV Kunsten Informatie en Media v Staat der Nederlanden'' (2014
C-413/13is a
European labour law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...
case, concerning
European competition law
European competition law is the competition law in use within the European Union. It promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not cre ...
.
[E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 10, 450]
Facts
A Dutch trade union for
orchestra
An orchestra (; ) is a large instrumental ensemble typical of classical music, which combines instruments from different families.
There are typically four main sections of instruments:
* bowed string instruments, such as the violin, viola, c ...
substitute workers, the
Arts, Information and Media Union
The Arts, Information and Media Union ( nl, Kunsten, Informatie en Media, KIEM) was a trade union representing workers in various sectors in the Netherlands.
History
The union was founded in 1998, when the Printing and Paper Union merged with the ...
(FNV Kunsten Informatie en Media, "FNV"), claimed that it was not subject to
competition law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...
as the Nederlandse Mededingingsautoriteit (Netherlands Competition Authority) had claimed was possible in a "reflection document". The orchestra workers were covered by a
collective agreement
A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an ...
that FNV had entered into.
Judgment
The Court of Justice, First Chamber, held that agreements entered into by self-employed workers could be subject to article 101(1) as self-employed people could in principle be classified as undertakings, but not in any case where workers were "false self-employed" either in contract terms or for tax purposes.
See also
*
United Kingdom labour law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
*
European competition law
European competition law is the competition law in use within the European Union. It promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not cre ...
Notes
{{reflist, 2
References
*E McGaughey, ''A Casebook on Labour Law'' (Hart 2019) ch 10, 450
External links
AG Wahl Opinion
Court of Justice of the European Union case law
United Kingdom labour case law