Communicated on 4 December 2018
FIFTH SECTION
Application no. 3278/18
MARBURGER BUND – Association of employed
and State-employed physicians in Germany
against Germany
lodged on 10 January 2018
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that, in case of a conflict, the collective agreement of the trade union which has fewer members in a company is superseded. The union whose collective agreement is superseded has the right to adopt the collective agreement of the majority union.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 applicant is a German trade union that is party to several collective agreements.
QUESTIONS tO THE PARTIES
1. Can the applicant trade union claim to be a victim 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?
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