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DOI: 10.5553/EELC/187791072019004004044

European Employment Law CasesAccess_open

Pending Cases

Case C-635/19, Miscellaneous

Confederación Sindical Comisiones Obreras de Euskadi – v – Ayuntamiento de Arrigorriaga, reference lodged by the Órgano Administrativo de Recursos Contractuales de la Comunidad Autónoma de Euskadi (Spain) on 26 August 2019

Keywords Miscellaneous
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, "Case C-635/19, Miscellaneous", European Employment Law Cases, 4, (2019):293-293

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      Does Directive 2014/24/EU preclude national legislation, such as Article 122(2) of the LCSP, which compels contracting authorities to include in the procurement documents governing a public contract a special condition of performance imposing on the successful tenderer an obligation to guarantee that the pay conditions applicable to workers under the relevant sectoral collective agreement will at least be honoured, even if that sectoral collective agreement is not binding on the undertaking to which the contract is awarded under the rules governing collective bargaining and collective agreements, which establish the primacy of the company agreement on pay and provide for the possibility of not applying a collective agreement in force for economic, technical, organisational or production reasons?


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