Judgment of the Court of Justice of the EU in the Case C-202/11 on the freedom of movement for workers
On 16 April 2013, in the Case C 202/11 Anton Las v PSA Antwerp NV, the Court of Justice of the EU ruled that the decree of the Flemish Community requiring all cross-border employment contracts to be drafted in Dutch infringes freedom of movement for workers.
In the particular context of a cross-border employment contract, such a linguistic obligation is disproportionate to the objectives invoked by Belgium (protection of a national language, protection of employees and effective supervision by the national authorities).
In those circumstances, the Court holds that the contested decree which requires all employers whose established place of business is located in Flanders to draft all cross border employment contracts exclusively in Dutch is in breach of EU law. SHOTLISTLINK
Type: Report Reference: I-077536 Date: 16/04/2013 Duration: 01:20 Personalities:Lenaerts, Koen Location:Luxembourg [town] - Court of Justice of the EU Languages:ORIGINAL