Comunicaciones al DO nº C-635/19 of Tribunal de Justicia, President, November 15, 2019
Resolution Date | November 15, 2019 |
Issuing Organization | President |
Decision Number | C-635/19 |
Petición de decisión prejudicial presentada por el Órgano Administrativo de Recursos Contractuales de la Comunidad Autónoma de Euskadi (España) el 26 de agosto de 2019 - Confederación Sindical Comisiones Obreras de Euskadi / Ayuntamiento de Arrigorriaga
(Asunto C-635/19)
Lengua de procedimiento: español
Órgano jurisdiccional remitente
Órgano Administrativo de Recursos Contractuales de la Comunidad Autónoma de Euskadi
Partes en el procedimiento principal
Demandante: Confederación Sindical Comisiones Obreras de Euskadi
Demandada: Ayuntamiento de Arrigorriaga
Cuestión prejudicial
¿Se opone la Directiva 2014/24/UE1 a una legislación nacional como el artículo 122.2 de la LCSP2 , que obliga a los poderes adjudicadores a incluir en los pliegos que rigen un contrato público una condición especial de ejecución que impone al adjudicatario la obligación de garantizar, al menos, las condiciones salariales de los trabajadores conforme al Convenio Colectivo sectorial de aplicación, incluso aunque dicho Convenio Colectivo sectorial no vincule a la empresa adjudicataria según la normativa reguladora en materia de negociación y convenios colectivos, la cual establece la primacía del convenio de empresa en materia salarial y la posibilidad de no aplicar un convenio colectivo vigente por razones económicas, técnicas, organizativas o de producción?
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