Information Note on the Court’s case-law 225

January 2019

Angert and Others and Ratih v. Germany (communicated cases) - 12693/18 and 14883/18

Article 11

Article 11-1

Freedom of association

Regulation of conflicts arising in case of multiple collective agreements applicable in one company: communicated

Both applications concern the Uniformity of Collective Agreements Act (Tarifeinheitsgesetz), which regulat es conflicts that arise if several collective agreements are applicable in one company. The Act prescribes that, in case of a conflict, the collective agreement of the trade union which has fewer members in a company is superseded. The union whose collecti ve agreement is superseded has the right to adopt the collective agreement of the majority union. Moreover, if the employer engages in collective bargaining, it has to inform the other trade unions in the company and all unions have the right to present th eir demands to the employer. The applicants are all members of a German trade union.

Communicated under Article 11 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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