- Judgment date: 2022-07-05
- Communication date: 2018-12-04
- Application number(s): 12380/18
- Country: DEU
- Relevant ECHR article(s): 11, 11-1
Violation of Article 14+P1-1 - Prohibition of discrimination (Article 14 - Discrimination) (Article 1 of Protocol No. 1 - Protection of property
Pecuniary damage - claim dismissed (Article 41 - Pecuniary damage
- Result: Violation SEE FINAL JUDGMENT
- Probability: 0.574414
- Prediction: No violation
Communication text used for prediction
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that, in case of a conflict, the collective agreement of the trade union which has fewer members in a company is superseded.
The union whose collective agreement is superseded has the right to adopt the collective agreement of the majority union.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 applicant is a German trade union that is party to several collective agreements.