Judgment_paragraph 47 · Coca-Cola European Partners Deutschland GmbH v L.B. and R.G (C-257/21)

47Furthermore, pursuant to paragraph 5 thereof, Article 153 TFEU does not apply to pay, the right of association, the right to strike or the right to impose lock-outs. That exception is explained by the fact that fixing the level of pay falls within the contractual freedom of the social partners at national level and within the relevant competence of Member States. In those circumstances, in the present state of EU law, it was considered appropriate to exclude determination of the level of pay from harmonisation under Article 136 EC et seq. (now Article 151 TFEU et seq.) (judgment of 15 April 2008, Impact, C‑268/06, EU:C:2008:223, paragraph 123 and the case-law cited).