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Anton Las v. PSA Antwerp NV, Case C-202/11, CJEU ( Grand Chamber), 16 April 2013

Type Judgment
Case number C-202/11


Obligation imposed by the regional legislation of a Member State to draw up, under penalty of nullity, cross-border employment contracts in the language of the region. Discrimination based on language.

Normative references

Art. 45 TFEU


Regional legislation of a Member State which requires, under penalty of invalidity, to draw up cross-border employment contracts entered into by companies based in the same region only in the language spoken there, goes beyond what is strictly necessary to achieve the objectives that can legitimately justify the use of the regional language. In particular, the sanction of the nullity of the contract which has not been drawn up in the regional language is not proportional to these objectives. Therefore, such legislation must be considered in contrast with art. 45 TFEU, which precludes any measure which, although applicable without discrimination based on citizenship, is capable of hindering or discouraging the exercise by Union citizens of the fundamental freedoms guaranteed by the Treaty, including, in particular, the free movement of workers.