Request for a preliminary ruling from the Gerechtshof Den Haag (Netherlands) lodged on 22 July 2013 – FNV Kunsten Informatie en Media v Staat der Nederlanden

(Case C-413/13)

Language of the case: Dutch

Referring court

Gerechtshof Den Haag

Parties to the main proceedings

Appellant: FNV Kunsten Informatie en Media

Respondent: Staat der Nederlanden

Questions referred

Must the competition rules of European Union law be interpreted as meaning that a provision in a collective labour agreement concluded between associations of employers and associations of employees, which provides that self-employed persons who, on the basis of a contract for professional services, perform the same work for an employer as the workers who come within the scope of that collective labour agreement must receive a specific minimum fee, falls outside the scope of Article 101 TFEU, specifically on the ground that that provision occurs in a collective labour agreement?

If the answer to the first question is in the negative, does that provision then fall outside the scope of Article 101 TFEU in the case where that provision is (also) intended to improve the working conditions of the employees who come within the scope of the collective labour agreement, and is it also relevant in that regard whether those working conditions are thereby improved directly or only indirectly?