On 16 February, the CAC* (Central Arbitration Committee, is the first instance that deals with disputes over collective rights) handed down a new decision (here) on a case concerning a company (non-European) that transferred its corporate management’s representative agent to Ireland as a result of Brexit (for more on an earlier CAC EWC-related decision on 18 January 2021, c.f. article No.12318). In this case, the agreement governing this EWC’s operations contained a clause anticipating this transfer situation, and the CAC panel determined its ruling from this text.
As a result of Brexit, Addeco’s Irish subsidiary replaced Addeco UK as this non-European group’s corporate management representative agent. Addeco management announced this decision and it was effected by using a provision that had been added to the agreement in anticipation of Brexit. The provision explicitly provides that ‘If and when, Directives 94/45/EC and 2009/38/EC as well as subsequent Directives, and/or the national implementation thereof in the United Kingdom, are no longer effective
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