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15.6.2015 |
EN |
Official Journal of the European Union |
C 198/20 |
Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 20 March 2015 — Hellenic Republic v Grigorios Nikiforidis
(Case C-135/15)
(2015/C 198/26)
Language of the case: German
Referring court
Bundesarbeitsgericht
Parties to the main proceedings
Appellant on a point of law: Hellenic Republic
Respondent in the appeal on a point of law: Grigorios Nikiforidis
Questions referred
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1. |
Is the Rome I Regulation (1) applicable under Article 28 of that regulation to employment relationships exclusively in the case where the legal relationship was formed by a contract of employment entered into after 16 December 2009, or does every subsequent agreement by the contracting parties to continue their employment relationship, whether with or without variation, render that regulation applicable? |
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2. |
Does Article 9(3) of the Rome I Regulation exclude solely the direct application of overriding mandatory provisions of another country in which the obligations arising out of that contract are not to be performed, or have not been performed, or does that provision also exclude indirect regard for those mandatory provisions in the law of the Member State the law of which governs the contract? |
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3. |
Is the principle of sincere cooperation enshrined in Article 4(3) TEU relevant, for legal purposes, for the decision of national courts on whether overriding mandatory provisions of another Member State are directly or indirectly applicable? |
(1) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), OJ 2008 L 177, p. 6.