Anton Las v PSA Antwerp NV [2013] EUECJ C-202/11 (16 April 2013)

Anton Las v PSA Antwerp NV [2013] EUECJ C-202/11 (16 April 2013)

Legislation requiring cross-border employment contracts to be drafted exclusively in the official language of a federated entity, on pain of nullity, goes beyond what is necessary to attain legitimate objectives and is disproportionate; thus, Article 45 TFEU precludes such legislation.

Source-derived case information.

Citation
[2013] EUECJ C-202/11
Parties
Applicant: Mr Las; Respondent: PSA Antwerp NV
Jurisdiction
European Union
Judgment Date
16 April 2013
Procedural Posture
Preliminary Ruling (cjeu) / Reference for Preliminary Ruling From National Court
Outcome
Article 45 TFEU precludes legislation requiring cross-border employment contracts to be drafted exclusively in the official language of a federated entity, on pain of nullity.
Legal Topics
Freedom of Movement for Workers, Language Requirements in Employment Contracts, Nullity of Employment Contracts, Proportionality of National Measures
European Union Law Labour Law Constitutional Law Freedom of Movement for Workers Language Requirements in Employment Contracts Nullity of Employment Contracts Proportionality of National Measures

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Parties

Mr Las

Applicant

PSA Antwerp NV

Respondent

Procedural Posture

Preliminary Ruling (cjeu) / Reference for Preliminary Ruling From National Court

Legal Issues

  1. 1 Does Article 45 TFEU preclude legislation requiring cross-border employment contracts to be drafted exclusively in the official language of a federated entity, on pain of nullity?

Ratio Decidendi

Legislation requiring cross-border employment contracts to be drafted exclusively in the official language of a federated entity, on pain of nullity, goes beyond what is necessary to attain legitimate objectives and is disproportionate; thus, Article 45 TFEU precludes such legislation.

Court Disposition

Article 45 TFEU precludes legislation requiring cross-border employment contracts to be drafted exclusively in the official language of a federated entity, on pain of nullity.

Orders

  • National courts must not declare such contracts null and void solely for not being drafted in the official language.