Respecting linguistic identity within the EU’s internal market: Las

Publishers Abstract:
Discussed in the Apr 16, 2013, Judgment of the European Court of Justice (Grand Chamber) in Case C-202/11, Anton Las v. Pas Antwerp NV. In Las the Court was called upon to assess the compatibility with the freedom of movement for workers of a Flemish act requiring employers established in Flanders to draft employment contracts in Dutch.

Clearly, this language requirement may dissuade foreign employees and employers who have no mastery of Dutch. However, it was equally plausible that the Union's legal obligations to respect its linguistic diversity and the national identities of its Member States would command a measure of toleration of this type of legislation. The analysis discussed suggests that the Court managed to reconcile the competing interests in issue; however, it is also posited that the Court's style of decision-making was largely ad hoc, offering no guarantees of a balanced, well-considered outcome in future cases.