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.

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
Spain: introduction of sick leave for menopause-related symptoms
The news. As of 1 December, female employees in Spain suffering from an incapacitating condition associated with menopausal symptoms will be eligible for specific sick leave, paid from the very...
Germany: Schaeffler cuts 3,460 jobs and requests temporary wage “solidarity contribution”
The news. On 3 November 2026, German automotive supplier Schaeffler announced a new “earnings improvement programme”, entailing the net reduction of 3,460 jobs in Europe by 2028 (2,660...
UK: government promises human rights due diligence bill
The news. On 4 November, the government promised, through Business Secretary Jonathan Reynolds before the House of Lords, the statutory introduction of human rights due diligence in the UK. It...
5 November 2026
UK: new protection measures against “fire and rehire” postponed to March 2027 
On 22 October, the UK government announced the postponement of the coming into force of measures aimed at restricting "fire and rehire" and "redundancy and re-employment", provided for under the...
5 November 2026
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
British bank Barclays cuts 5,000 jobs to invest in AI
Banking group Barclays has announced the cutting of 5% of its global workforce by the end of the year. Beyond disappointing quarterly results, Barclays primarily intends to free up the funds...
2
Germany: non-EU recruitment remains marginal despite skilled immigration reform
The news. Nearly a year and a half after the entry into force of the “Skilled Immigration Development Act”, only 4% of businesses have recruited at least one employee directly from a...
3
EU: several social texts promised for 2027
The news. On 4 November, the European Commission presented its work programme for 2027. While the focus is once again on simplification, several social texts have been announced. The European...