Søren Søndergaard: One more EU-judgment undermines organized conditions on the labour market

This morning the EU-court passed a sentence upon the so-called ”Rüffert-case”. The case concerns a legal conflict between the German Bundesland Niedersachsen and the construction company ”Objekt und Bauregie GmbH & KG”.

In the state law of Niedersachsen concerning tenders of public contracts it is determined that companies and their sub-contractors must pay their employees the the salary fixed according to collective agreements.

This was also incorporated in the contract between Niedersachsen and Objekt und Bauregie, but it was not kept when a Polish sub-contractor PKZ sp.z.o.o. only paid their 53 employees 46,57% of the fixed minimum salary. The court has determined that the EU-rules concerning free exchange of services prevents local authorities to demand that stationed workers must be paid according to current agreement in the area in question.

Member of the EU-parlament for Peoples Movement in Denmark against EU Søren Søndergaard, says: “With the Rüffert-judgment the EU-court has rejected the principle that municipalities or other public authorities can demand suppliers and sub-suppliers to live up to current salary and working conditions in the area in question.”

The judgment shows, that EU-rules of the single market not only cause problems for the rights of the wage earners in Denmark and Sweden, but in the whole of the EU. The court construe of the EU rules means that it is actually impossible to prevent underpayment.

The Vaxholm-judgment against the right to conflict was a warning to all wage earners in EU and the Rüffert-judgment is an open declaration of war. Therefore I will forcefully request all employee parties to wake up and resist this. No matter their attitude to the treaty of Lisbon in other respects all must be able to agree that the ratification of this new EU-constitution of course cannot go on as long as the right to oppose social dumping is not secured.

Søren Søndergaard is a member of the European Parliament for the Peoples Movement against the EU.
He can be contacted at (00 45) 40 45 38 49.