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)
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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

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