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ANGERT AND OTHERS v. GERMANY and 1 other application
Doc ref: 12693/18;14883/18 • ECHR ID: 001-188930
Document date: December 4, 2018
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ANGERT AND OTHERS v. GERMANY and 1 other application
Doc ref: 12693/18;14883/18 • ECHR ID: 001-188930
Document date: December 4, 2018
Cited paragraphs only
Communicated on 4 December 2018
FIFTH SECTION
Applications nos. 12693/18 and 14883/18 Melanie ANGERT and others against Germany and Sven RATIH against Germany lodged on 8 March 2018 and 21 March 2018 respectively
SUBJECT MATTER OF THE CASE
The application concerns the Uniformity of Collective Agreements Act ( Tarifeinheitsgesetz ), which regulates 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that, in case of a conflict, the collective agreement of the trade union which has fewer members in a company is superseded. The union whose collective agreement is superseded has the right to adopt the collective agreement of the majority union.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 their demands to the employer.
The applicants are all members of a German trade union.
QUESTIONS tO THE PARTIES
1. Can the applicants claim to be victims of a violation of the Convention, within the meaning of Article 34?
2. Has there been an interference with the applicant ’ s freedom of association, within the meaning of Article 11 § 1 of the Convention?
If so, was that interference prescribed by law and necessary in terms of Article 11 § 2?
Application no 12693/18
No.
Firstname LASTNAME
Birth year
Nationality
Representative
1.Melanie ANGERT
1978German
U. Fischer
2.Guido BEHRINGER
1967German
U. Fischer
3.Florian HOFMEIER
1983German
U. Fischer
4.Jens-Peter LÃœCK
1968German
U. Fischer
5.Lars WACHSMUTH
1989German
U. Fischer
Application no 14883/18
No.
Firstname LASTNAME
Birth year
Nationality
Representative
1.Sven
RATIH
1987German
U. Fischer
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