Case number and/or case name
BAG, 25.2.2015 – 5 AZR 962/13
Details of the court
Germany, Third Instance
Articles referred to by the court
Date of the judgement
24 February 2015
CJEU's case law cited by the court
Summary
The plaintiff was a Greek teacher employed by the State Greece. He claimed for payment from the employment contract. The State had reduced the wage payment by referring to two laws adopted within financial restructuring measures (No. 3833/2010 and No. 3845/2010). The State held that it had been obliged to reduce the payment. The laws had an immediate effect on the plaintiff’s employment contract. The court stayed the proceedings mainly in order to obtain information on the question whether the laws adopted by the Greek parliament applied to the plaintiff’s employment contract.
It initiated preliminary proceedings regarding the questions:
1. Does Rome I pursuant to Art. 28 solely apply to employment contracts that originally were concluded after 16 December 2009 or does every consensus between the parties regarding the continuation of the contract that was made after this point of time lead to the Regulation’s applicability?
2. Does Art. 9 (3) Rome I solely exclude the direct application of mandatory rules of a Third State in which the obligations stated by the contract weren’t fulfilled or does the rule also prohibit the indirect consideration of these rules within the law applicable to the contract?
3. Does the principle of fair cooperation in Art. 4 (2) TEU have any legal effect on national courts’ decisions in terms of the direct or indirect applicability of mandatory rules?