Judgment of the Court (First Chamber) of 4 December 2014 (reference for a preliminary ruling from the Gerechtshof te 's-Gravenhage — Netherlands) — FNV Kunsten Informatie en Media v Staat der Nederlanden

(Case C-413/13) (1)

((Reference for a preliminary ruling - Competition - Article 101 TFEU - Substantive scope - Collective labour agreement - Provision laying down minimum rates for independent service providers - Definition of ‘undertaking’ - Definition of ‘employee’))

(2015/C 046/14)

Language of the case: Dutch

Referring court

Gerechtshof te 's-Gravenhage

Parties to the main proceedings

Applicant: FNV Kunsten Informatie en Media

Defendant: Staat der Nederlanden

Operative part of the judgment

On a proper construction of EU law, it is only when self-employed service providers who are members of one of the contracting employees’ organisations and perform for an employer, under a works or service contract, the same activity as that employer’s employed workers, are ‘false self-employed’, in other words, service providers in a situation comparable to that of those workers, that a provision of a collective labour agreement, such as that at issue in the main proceedings, which sets minimum fees for those self-employed service providers, does not fall within the scope of Article 101(1) TFEU. It is for the national court to ascertain whether that is so.

(1)  OJ C 325, 9.11.2013.