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Discretion of the European Commission in the implementation of agreements concluded by the social partners

Illustration of a person between a big paragraph symbol and a question mark © fotomek - Fotolia.com

2021-09-29

The Court of Justice of the European Union (CJEU) ruled on 2 September 2021 that the European Commission is not bound to give effect to the social partners‘ request seeking implementation, at EU level, of an agreement that they have concluded.

The Court thus upholds a previous judgment by the Court of the European Union. The CJEU points out that the European Commission has a discretion when deciding whether it is appropriate to submit a proposal to the Council pursuant to Article 155(2) of the Treaty on the Functioning of the European Union (TFEU) for the purpose of the implementation of the decision at EU level.

The Court observes that the article invoked by the social partners (Article 155(2) of the TFEU) does not contain an indication that the Commission may be obliged to submit a proposal for a decision to the Council.

More information on the legal action and the ruling can be found in press release no. 151/21 of the CJEU