1 CHOICE OF LAW a) overview Art. 11 – 16  functions: Which law applies? Only one law applies - no loopholes, no double protection. example:NL - resident works in B; B resident works in NL – Which law applies, if there were not Art. 11? b)Art.11 I: only one law applies Art.11 II: workplace is the decisive connecting factor Art. 12: more than one employment (previously lex domicilii now lex loci laboris) ECJ – – C-493/04: double contributions? c) options: EC-officials (Art.15) lex contractus (Art.16)

2 STRUCTURE OF CHOICE- OF- LAW- RULES MATTER +CONNECTING  NATIONAL SUBSTANTIVE FACTOR LAWexamples: social assistanceresidence compensationstay promotioncitizenship social insuranceworkplace = contract connecting factor connects = links matter with specific national substantive law

3 WORKPLACE  not necessarily the place where someone does his/her work at the moment two problems: 1. working temporarily abroad 2. working regularly abroad solutions:  workplace = residence of the employer 1. if work abroad does not exceed 24 months or agreement Art. 16 ECJ – – C-2/05: Effect of E101 form

4 UNEMPLOYMENT BENEFITS a) overview main objective:state of last employment is the competent state = bears burden ECJ – – C-346/05: coverage of a period of employment b) Totalization c) amount of benefits d) looking for a job outside the competent state e) frontier worker f) work permit for third country nationals? ECJ – – C-208/05