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30.7.2011   

EN

Official Journal of the European Union

C 226/9

Reference for a preliminary ruling from the Arbeitsgericht Ludwigshafen am Rhein (Germany), lodged on 11 April 2011 — Georges Erny v Daimler AG — Werk Wörth

(Case C-172/11)

2011/C 226/16

Language of the case: German

Referring court

Arbeitsgericht Ludwigshafen am Rhein

Parties to the main proceedings

Applicant: Georges Erny

Defendant: Daimler AG — Werk Wörth

Questions referred

1.

Does a provision concerning part-time working for older employees, contained in an individual contract, which stipulates that the agreed top-up amount is to be calculated in accordance with the German Order on Minimum Net Pay in the case also of frontier workers from France, such as Paragraph 5(1) of the contract of part-time working for older employees concluded between the parties, infringe Article 45 TFEU, as specifically implemented by Article 7(4) of Council Regulation (EEC) No 1612/68 (1) of 15 October 1968?

2.

If the Court of Justice answers Question 1 in the affirmative:

In the light of the provisions of Article 45 TFEU, as specifically implemented by Article 7(4) of Regulation (EEC) No 1612/68, are provisions of this kind in collective agreements, such as Point 8.3 of the general works council agreement of 24 July 2000 and Paragraph 7 of the collective agreement of 23 November 2004, to be interpreted as meaning that, in the case of frontier workers, the top-up amount is not to be calculated in accordance with the table set out in the Order on Minimum Net Pay?

(1)  Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (OJ, English special edition 1968(II), p. 475).