FNV Kunsten Informatie en Media v Staat der Nederlanden
FNV Kunsten Informatie en Media v Staat der Nederlanden is a European labour law case, concerning European competition law.Facts
A Dutch trade union for orchestra substitute workers called FNV Kunsten Informatie en Media claimed that it was not subject to competition law as the Nederlandse Mededingingsautoriteit had claimed was possible in a "reflection document". The orchestra workers were covered by a collective agreement that FNV had entered into.Judgment
The Court of Justice, First Chamber, held that agreements entered into by self-employed workers could be subject to article 101 as self-employed people could in principle be classified as undertakings, but not in any case where workers were "false self-employed" either in contract terms or for tax purposes.
