CJEU Case C-202/11 / Judgment

Anton Las v PSA Antwerp NV v Anton Las v PSA Antwerp NV
Policy area
Employment and social policy
Deciding body type
Court of Justice of the European Union
Deciding body
Court (Grand Chamber)
Type
Decision
Decision date
16/04/2013
ECLI (European case law identifier)
ECLI:EU:C:2013:239
  • CJEU Case C-202/11 / Judgment
    Key facts of the case:
     
    Reference for a preliminary ruling: Arbeidsrechtbank te Antwerpen - Belgium.

    Freedom of movement for workers - Article 45 TFEU - Company established in the Dutch-speaking region of the Kingdom of Belgium - Obligation to draft employment contracts in Dutch - Cross-border employment contract - Restriction - Disproportionate.
     
    Outcome of the case:
     
    On those grounds, the Court (Grand Chamber) hereby rules:
     
    Article 45 TFEU must be interpreted as precluding legislation of a federated entity of a Member State, such as that in issue in the main proceedings, which requires all employers whose established place of business is located in that entity’s territory to draft cross-border employment contracts exclusively in the official language of that federated entity, failing which the contracts are to be declared null and void by the national courts of their own motion.
  • Paragraphs referring to EU Charter

     

    25-27, 29-34