EU: the CJEC places industrial relations law under the guardianship of community market law

During a colloquium organized by the German Federal Labor Ministry on June 26, 2008 in Berlin on "the impact of the CJEC's case laws on labor law in the Member States", Professor Antoine Lyon-Caen (Paris X University of Nanterre) openly expressed concern on the consequences of the Laval, Viking and Ruffert decisions, and announced "the attrition of labor law foundations".The European Commission will organize a "forum" this coming October on these decisions and the posting of workers. (Ref. 080665)
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.


Antoine Lyon-Caen thinks that “the encounter between market law, sheltered by the European Union, and labor law in the Member States is at the heart of these decisions.” This is not the first time such an encounter happens, but what is new with the Laval (see our article No. 071034), Viking (see our article No. 071012) and Ruffert (see our article No. 080268) is that the Court opposes to Community market law the “industrial relations” system, which is by essence national. The Court had not open

You are reading this article thanks to your trial period.
Explore new horizons by checking out our other verticals:
You are reading this article thanks to your subscription to Mind Retail.
Explore new horizons by checking out our other verticals:
Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
Italy: new collective agreement for managers in tertiary sector
On 5 November, the ManagerItalia union and the employers’ association Confcommercio renewed the collective agreement for managers in Italy’s tertiary, distribution and services...
EU: Court of Justice largely upholds directive on adequate minimum wages
On 11 November, the Court of Justice of the European Union upheld most of the directive on adequate minimum wages, rejecting Denmark’s claim that it infringed on national sovereignty over wage...
12 November 2025
Seven major companies offer training to raise awareness of domestic and sexual violence
L’Oréal, Engie, LVMH, Publicis, Accor and Orange are encouraging their staff to take part in the Safe Spaces training programme on domestic and sexual violence, developed by insurance...
10 November 2025
Romania: collective agreement extended to entire insurance sector
On 3 November, Romania’s National Tripartite Council for Social Dialogue approved the extension of the collective labour agreement signed on 23 May by the Confederation of Employers in the...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Germany: pensioners in work already common practice, study shows
As the German government steps up measures to encourage people to stay in work beyond the legal retirement age, a new study by the Institute of Economic and Social Research (WSI) – an independent...
2
Spain: government approves creation of ‘intern status’
The Spanish government has paved the way for the creation of a new status for "persons undergoing non-professional practical training in companies, institutions or public or private organisations...
3
France: social conference on labour and pensions to proceed without main employers’ group
The preparatory meeting ahead of the social conference on labour and pensions, which is set to decide on the pension system model and the funding thereof, was held on 4 November at France's labour...
4
Luxembourg: two pension reform bills submitted to parliament
After lengthy negotiations with the social partners, in mid-October the Luxembourg government submitted two bills to parliament aimed at reforming the pension system to ensure its long-term...
5
Candice Guillot (Talan): “Our recruiters save just over 80 hours per year on administrative tasks thanks to AI”
Candice Guillot, group director of employee experience and HR performance at Talan (7,000 employees), outlines for mind RH her vision and strategy for introducing artificial intelligence at the...