04/04/2012 - Statement on Court of Justice ECJ of 3 April 2008
Inadmissible mandatory compliance with collective aggreement
: (Case C-346/06)! Implications of the judgment of the European Court on the Hessian Procurement Act, opinion on the ruling by Brigitta Trutzel,

| Statement | Hessian compliance with collective aggreement law HVgG since 01.01. 2008 has come been valid since 01/01/2008 .
Companies applying for contracts of public authorities must prove that they pay their workers according to the customary collective agreement.

The state government has created the compliance with collective aggreement law, to ensure the compliance with the collective bargaining agreements and to prevent wage dumping in Hesse.

It includes the contracts of the entire public sector in Hesse, as far as the contract value exceeds 50,000 euros. Affected are constructions, services of industrial cleaning trade, the safety and security industry, the landscape gardening and the wrecking industry.

For infringements threaten penalties and a three-year ban. Under § 3 of the Act contains also the possibility to consider the engagement of the contractor in initial trainings within the procurement procedure. In case of equivalent tenders the award may depend on whether the tenderer is engaged in the initial training within the meaning of HVgG § 3 Section 2. The Act does not apply unless the collective agreements (contracts) will be announced in the Official Gazette for the State of Hesse and in the Hessian Announcement Database HAD.