ECJ 15 July 2021, Joined Cases C-152/50 and C-218/20 (SC Gruber Logistics), Applicable Law

DG, EH – v – SC Gruber Logistics SRL (C-152/20) and Sindicatul Lucrătorilor din Transporturi, DT – v – SC Samidani Trans SRL (C‑218/20), Romanian cases

ECJ 15 July 2021, Joined Cases C-152/50 and C-218/20 (SC Gruber Logistics), Applicable Law

DG, EH – v – SC Gruber Logistics SRL (C-152/20) and Sindicatul Lucrătorilor din Transporturi, DT – v – SC Samidani Trans SRL (C‑218/20), Romanian cases

ECJ 1 December 2020, Case C-815/18 (Federatie Nederlandse Vakbeweging), Applicable Law, Posting of Workers and Expatriates

Federatie Nederlandse Vakbeweging - v - Van den Bosch Transporten BV, Van den Bosch Transporte GmbH, Silo-Tank Kft, Dutch case

ECJ 1 December 2020, Case C-815/18 (Federatie Nederlandse Vakbeweging), Applicable Law, Posting of Workers and Expatriates

Federatie Nederlandse Vakbeweging - v - Van den Bosch Transporten BV, Van den Bosch Transporte GmbH, Silo-Tank Kft, Dutch case

2020/37 Can the exception clause of Article 8 Rome I save a Turkish airline company from the application of Dutch dismissal law in a dispute with an Amsterdam home-based co-pilot? (NL)

The central question in this case was what was the objectively applicable law to an employment contract concluded between a Turkish airline and a Dutch co-pilot, in accordance with Article 8 Rome I. The ruling is particularly interesting for the relation between the habitual place of work and the exception clause and points to the elements that should be taken into account.

2020/37 Can the exception clause of Article 8 Rome I save a Turkish airline company from the application of Dutch dismissal law in a dispute with an Amsterdam home-based co-pilot? (NL)

The central question in this case was what was the objectively applicable law to an employment contract concluded between a Turkish airline and a Dutch co-pilot, in accordance with Article 8 Rome I. The ruling is particularly interesting for the relation between the habitual place of work and the exception clause and points to the elements that should be taken into account.

2019/20 How to interpret the Posting of Workers Directive in the cross-border road transport sector? Dutch Supreme Court asks the ECJ for guidance (NL)

In this transnational road transport case, the Dutch Supreme Court has to elaborate on the ECJ Koelzsch and Schlecker cases and asks for guidance from the ECJ on the applicability and interpretation of the Posting of Workers Directive.

2019/20 How to interpret the Posting of Workers Directive in the cross-border road transport sector? Dutch Supreme Court asks the ECJ for guidance (NL)

In this transnational road transport case, the Dutch Supreme Court has to elaborate on the ECJ Koelzsch and Schlecker cases and asks for guidance from the ECJ on the applicability and interpretation of the Posting of Workers Directive.

2019/6 Choice of Belgian law in an employment contract extends to all provisions that regulate the mutual rights and obligations of the parties to the contract (BE)

According to the Belgian Supreme Court, a choice of Belgian law for an employment relationship extends to all provisions beyond the employment contract. If parties choose to apply Belgian law to their employment relationship, this choice may extend to all provisions of Belgian law which regulate the mutual rights and obligations of the parties. This includes legislation on well-being at work and, hence, the payment of a protection indemnity following dismissal after filing a claim for harassment.

2019/6 Choice of Belgian law in an employment contract extends to all provisions that regulate the mutual rights and obligations of the parties to the contract (BE)

According to the Belgian Supreme Court, a choice of Belgian law for an employment relationship extends to all provisions beyond the employment contract. If parties choose to apply Belgian law to their employment relationship, this choice may extend to all provisions of Belgian law which regulate the mutual rights and obligations of the parties. This includes legislation on well-being at work and, hence, the payment of a protection indemnity following dismissal after filing a claim for harassment.