Las (CJEU) C-202/11

(2013)

DUE REGARDS TO EU LAW

LEGAL ANALYSIS

Mr. Las was a Dutch man working in Antwerp under an English contract for a company based in Singapore. He is dismissed and seeks compensation (amount depends on different employment laws).

He finds the compensation provided by the contract too low and says his contract should be null as Belgian law states that the contract should have been written in Dutch because the company is located in Flanders (Dutch speaking community). His employer says that the contract can be in English since Las is exercising his free movement of workers (regulated under EU law) and therefore Belgian law can’t restrict EU law.

CJEU:

→ Belgian law is incompatible with EU law. Yes there are legitimate objectives like linguistic policy or to facilitatie dutch labour inspections. BUT it is NOT a PROPORTIONATE measure.

There are better alternatives than a complete ban on English contracts in the Dutch speaking region Ex. Allowing a Dutch copy.