Tevfik Isbir v DB Services GmbH [2013] EUECJ C-522/12 (07 November 2013)

Tevfik Isbir v DB Services GmbH [2013] EUECJ C-522/12 (07 November 2013)

Article 3(1)(c) of Directive 96/71/EC does not preclude the inclusion in the minimum wage of elements of remuneration which do not alter the relationship between the service provided by the worker and the consideration received. It is for the national court to determine whether the specific elements at issue meet...

Source-derived case information.

Citation
[2013] EUECJ C-522/12
Parties
Applicant: Mr Isbir; Respondent: DB Services GmbH
Jurisdiction
European Union
Judgment Date
07 November 2013
Procedural Posture
Preliminary Ruling / Judgment
Outcome
Preliminary ruling issued; interpretation provided.
Legal Topics
Minimum Wage, Posting of Workers, Collective Agreements, Remuneration Components
Labour Law European Union Law Minimum Wage Posting of Workers Collective Agreements Remuneration Components

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Parties

Mr Isbir

Applicant

DB Services GmbH

Respondent

Procedural Posture

Preliminary Ruling / Judgment

Legal Issues

  1. 1 Whether lump sum payments and capital formation contributions are to be included in the calculation of minimum wage under Article 3(1)(c) of Directive 96/71/EC.

Ratio Decidendi

Article 3(1)(c) of Directive 96/71/EC does not preclude the inclusion in the minimum wage of elements of remuneration which do not alter the relationship between the service provided by the worker and the consideration received. It is for the national court to determine whether the specific elements at issue meet this criterion.

Court Disposition

Preliminary ruling issued; interpretation provided.

Orders

  • Article 3(1)(c) of Directive 96/71/EC is to be interpreted as meaning that it does not preclude the inclusion in the minimum wage of elements of remuneration which do not alter the relationship between the service provided by the worker and the consideration received. It is for the national court to verify whether...