Van den Bosch gets judgement delivered by The European Court of Justice in Luxemburg
The European Court of Justice in Luxemburg delivered its judgement in the lawsuit which the Dutch Trade Union Confederation FNV had filed against Van den Bosch Transporten BV.
The European Court of Justice answered the preliminary questions of the Supreme Court of the Netherlands in the legal proceedings concerned. These questions specifically related to the interpretation of the regulations which apply in European transport, the remuneration of international drivers being the main topic.
The proceedings focused on the remuneration of drivers employed by Van den Bosch abroad, who have carried out international trips on behalf of Van den Bosch Transporten BV The European Court of Justice today judged that Dutch wages need not apply in this case, as there needs to be a ‘sufficiently close relationship’ between the Netherlands and the work of foreign drivers.
The drivers allegedly received their instructions from the Netherlands and/or started or finished their runs at the head office in Erp, the Netherlands, is not sufficient to conclude a close relationship, according to the Court. Also the company group relationship does not come into it in the opinion of the Court.
CEO of Van den Bosch Rico Daandels said: “Once again it proves that we have always properly remunerated our international drivers.”
According to Daandels, the outcome is a new step towards clarity: “The entire sector is in need of clear rules for the remuneration of drivers in European road transport. The current rules are complex and leave room for discussion. By answering the questions, the Court provides more clarity and uniformity for the entire sector.”
For more information visit www.vandenbosch.com
7th December 2020
