skip to main content

Hague Court of Appeal: CBA applicable to freelance musicians

The Hague Court of Appeal this week struck down a ruling that would have put collective bargaining agreements covering freelance orchestral musicians across Europe under threat.

Published: 17 September 2015 | 12:00 AM Updated: 28 April 2021 | 4:28 PM

The Hague Court of Appeal this week struck down a ruling that would have put collective bargaining agreements covering freelance orchestral musicians across Europe under threat.

Employers in Holland had challenged collective bargaining agreements covering freelance orchestral players. The court in Holland agreed with the employers on the grounds that such agreements violate competition rules.

However, musician and unions challenged this at the Hague Court of Appeal, which found in the musicians’ favour, stating that freelance players are effectively ‘bogus’ self-employed.

In its analysis, the Court of Appeal noted that freelance musicians:

  • Were performing the same tasks as their permanently employed colleagues
  • Were playing their score alongside such colleagues
  • Had to comply with a strict rehearsal and concert planning
  • Had to follow the orchestra conductor’s instructions, and
  • Could not be replaced by freely designating other musicians to this end.

As such, they can be covered by collective bargaining agreements.

Visit the Federation of International Musicians for more on this ruling.

For more on what the MU does for freelance orchestral players visit our Orchestral pages.

Get MU membership today

From gig players to part-time teachers and professional instrumentalists, MU members can access specialist insurance for musicians. This includes Public Liability, Instrument and Equipment Insurance, Accident Insurance, Tax Investigation Insurance, and Professional Indemnity Insurance for music teachers.

Explore our member services

  • Get public liability insurance for musicians
  • Access expert legal support
  • Be represented in your profession
  • Access expert career advice, resources, and training events
  • Connect, network, and get to know the community of musicians

Learn about all membership benefits

Get MU membership today

Continue reading

Three wooden blocks with red icons painted on them.

MU Concerned by New EU Customs Fees for Artists Selling Merchandise

A new EU customs charge on low-value parcels is creating additional costs and administrative challenges for musicians selling merchandise directly to fans in Europe. The MU will work to ensure musicians affected by the new legislation are represented at a stakeholder consultation later this year.

Published: 31 July 2026

Read more about MU Concerned by New EU Customs Fees for Artists Selling Merchandise
A brick wall with the flags of Spain and Gibraltar painted on it, overlapping each other.

Spain-Gibraltar Border Changes: What the New Agreement Means for Musicians

New arrangements between Gibraltar and Spain will remove routine border checks for people crossing by land. While the agreement does not change existing rights to work in Spain or the EU, any time spent in Gibraltar will count towards musicians’ 90-day allowance for the Schengen area.

Published: 30 July 2026

Read more about Spain-Gibraltar Border Changes: What the New Agreement Means for Musicians
A pink sign being held up that says

Music Qualifications Reform Debated in House of Lords

Peers from across the political spectrum raised concerns about the Government’s proposed reforms to level 3 music qualifications, with ministers confirming that existing qualifications will remain in place until at least 2030 and announcing a new creative advisory board to help shape the reforms.

Published: 28 July 2026

Read more about Music Qualifications Reform Debated in House of Lords