44Third, as regards the first paragraph of Article 11 of Directive 2008/94, to which the referring court alludes in its order for reference, that provision merely states that Directive 2008/94 ’shall not affect the option of Member States to apply or introduce laws, regulations or administrative provisions which are more favourable to employees’. In the light of its wording, that provision, which features in Chapter V, entitled ‘General and Final Provisions’, does not grant the Member States an option of legislating by virtue of EU law, but merely, unlike the options provided for in Chapters I and II of that directive, recognises the power which the Member States enjoy under national law to provide for such more favourable provisions outside the framework of the regime established by that directive.
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