1. Do not enter to assess the internal contents of this file, since it is pending final resolution, being affected.

2. Regrets this new delay in the procedure, since, once again, An uncertainty is generated that harms the competitiveness of the sector, as well as the legal security of investors, traffickers and workers.

3. Considers that the Additional Provision of the IV Framework Agreement, through which the workers' subrogation clause was incorporated, is typically a labor matter, as has been repeatedly stated in case law, and is therefore not subject to European competition legislation and national, as recognized by the CJEU itself.

4. The only object pursued by signing the subrogation clause was to guarantee employment to workers who were part of the stowage sector before the entry into force of Royal Decree-Law 8/2017, in order to preserve labor stability in the ports.

5. Royal Decree-Law 9/2019 confirmed and clarified the legal coverage, as well as the typical labor nature, of the conventional subrogation clause in the stowage sector. The content and scope of the case contemplated in this law is identical to the agreed subrogation clause.

6. The question referred for a preliminary ruling before the CJEU is of doubtful admissibility, since the CNMC it is an administrative and not jurisdictional body.

7. He hopes that this file will be satisfactorily resolved, so that the sector continues on the path of growth, stability, competitiveness and efficiency.

8. The stowage management will continue working on the improvement of the port sector, by increasing its competence and competitiveness, from the dialogue with public administrations and trade union organizations, with the utmost respect for the current legality.



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