Case C‑328/13

Österreichischer Gewerkschaftsbund

v

Wirtschaftskammer Österreich — Fachverband Autobus-, Luftfahrt- und Schifffahrtsunternehmungen

(Request for a preliminary ruling from the Oberster Gerichtshof)

‛Reference for a preliminary ruling — Directive 2001/23/EC — Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses — Obligation on the transferee to maintain the terms and conditions agreed in a collective agreement until the entry into force of another collective agreement — Concept of collective agreement — National legislation providing that a rescinded collective agreement continues to have effect until the entry into force of another collective agreement’

Summary — Judgment of the Court (Fourth Chamber), 11 September 2014

1. Questions referred for a preliminary ruling — Jurisdiction of the Court — Limits — Questions manifestly irrelevant, hypothetical questions put in a context precluding a useful answer and questions bearing no relation to the subject-matter of the dispute in the main proceedings

   (Art. 267 TFEU)

2. Social policy — Approximation of laws — Transfers of undertakings — Safeguarding of employees' rights — Directive 2001/23 — Obligation of the transferee to maintain the terms and conditions of work laid down in a collective agreement — Scope — Maintenance of the terms and conditions of work laid down in a rescinded collective agreement continuing, under national law, to produce their effects as regards the working relationship until the entry into force of another agreement

   (Council Directive 2001/23, Art. 3(3))

1.  See the text of the decision.

   (see para. 17)

2.  Article 3(3) of Directive 2001/23 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses must be interpreted as meaning that the terms and conditions laid down in a collective agreement, which, pursuant to the law of a Member State, despite the rescission of that agreement, continue to produce their effects as regards the employment relationship which was governed by them before the agreement was terminated, constitute ‘terms and conditions agreed in any collective agreement’ so long as that employment relationship is not subject to a new collective agreement or a new individual agreement is not concluded with the employees concerned.

   (see para. 31, operative part)