2017/36 A Dutch insight into the applicability of the Posted Workers Directive on international road transport. But still: a long and winding road ahead? (NL)

In an international road transport case the Dutch Appellate Court held that working from a given place is not relevant when applying the Posted Workers Directive.

2017/36 A Dutch insight into the applicability of the Posted Workers Directive on international road transport. But still: a long and winding road ahead? (NL)

In an international road transport case the Dutch Appellate Court held that working from a given place is not relevant when applying the Posted Workers Directive.

2017/19 Sureties for alleged breaches of the Austrian Anti-Wage and Social Dumping Law (AT)

A surety can be imposed on an Austrian contractor retaining the services of a foreign company, if the foreign company is accused of breaching the Austrian Anti-Wage and Social Dumping Law and if the enforcement of a penalty outside Austria would be extremely difficult or impossible. Any risk assessment of this should based on not only what law is in place but whether it is routinely being applied. The Austrian Supreme Administrative Court (Verwaltungsgerichtshof) ruled that a surety should be imposed on a domestic contractor in relation to violations by a Hungarian suspect, even though law enforcement regulations are in place between Austria and Hungary (but just not applied in practice).

2017/19 Sureties for alleged breaches of the Austrian Anti-Wage and Social Dumping Law (AT)

A surety can be imposed on an Austrian contractor retaining the services of a foreign company, if the foreign company is accused of breaching the Austrian Anti-Wage and Social Dumping Law and if the enforcement of a penalty outside Austria would be extremely difficult or impossible. Any risk assessment of this should based on not only what law is in place but whether it is routinely being applied. The Austrian Supreme Administrative Court (Verwaltungsgerichtshof) ruled that a surety should be imposed on a domestic contractor in relation to violations by a Hungarian suspect, even though law enforcement regulations are in place between Austria and Hungary (but just not applied in practice).

ECJ (Grand Chamber) 18 October 2016, case C-135/15 (Nikiforidis), Applicable law

The Rome I Regulation only applies to contracts concluded before 17 December 2009 insofar as the contract has undergone major change afterwards. It precludes overriding mandatory provisions other than those of the forum court.

ECJ (Grand Chamber) 18 October 2016, case C-135/15 (Nikiforidis), Applicable law

The Rome I Regulation only applies to contracts concluded before 17 December 2009 insofar as the contract has undergone major change afterwards. It precludes overriding mandatory provisions other than those of the forum court.

ECJ 10 September 2015, case C-47/14 (Holterman Ferho Exploitatie BV, Ferho Bewehrungsstahl GmbH, Ferho Vechta GmbH and Ferho Frankfurt GmbH - v - Friedrich Leopold Freiherr Spies von Büllesheim), Private international law

Holterman Ferho Exploitatie (“Ferho Exploitatie”) is a Dutch holding company. It has...

<strong>ECJ 10 September 2015, case C-47/14&nbsp;(Holterman Ferho Exploitatie BV, Ferho Bewehrungsstahl GmbH, Ferho Vechta GmbH and Ferho Frankfurt GmbH - v - Friedrich Leopold Freiherr Spies von B&uuml;llesheim), Private international law</strong>

Holterman Ferho Exploitatie (“Ferho Exploitatie”) is a Dutch holding company. It has...

2015/13 Implied choice of law in international employment contracts (AT)

Whether, and in favour of which jurisdiction, the parties to an employment contract with a cross-border dimension have made an implied choice of law, must be decided on a case by case basis. Essential indicators of an implied choice of law include direct references in the employment contract or related documents to concrete provisions and practices of a specific jurisdiction and the use of typical terms and clauses used by this jurisdiction

2015/13 Implied choice of law in international employment contracts (AT)

Whether, and in favour of which jurisdiction, the parties to an employment contract with a cross-border dimension have made an implied choice of law, must be decided on a case by case basis. Essential indicators of an implied choice of law include direct references in the employment contract or related documents to concrete provisions and practices of a specific jurisdiction and the use of typical terms and clauses used by this jurisdiction