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Case C-202/11: Judgment of the Court (Grand Chamber) of 16 April 2013 (request for a preliminary ruling from the Arbeidsrechtbank te Antwerpen — Belgium) — Anton Las v PSA Antwerp NV (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)
ECLI:EU:UNKNOWN:62011CA0202
62011CA0202
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8.6.2013
Official Journal of the European Union
C 164/3
(Case C-202/11) (<span class="super">1</span>)
(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)
2013/C 164/04
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Anton Las
Defendant: PSA Antwerp NV
Re:
Request for a preliminary ruling — Arbeidsrechtbank te Antwerpen — Interpretation of Art. 39 EC (now Art. 45 TFEU) — Belgian regional legislation imposing an obligation on an undertaking established in the Dutch language region to draft, on pain of nullity, all documents relating to an employment relationship with an international character in Dutch
Operative part of the judgment
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.
(<span class="note">1</span>) OJ C 219, 23.7.2011.