From the Treaty of Rome to Regulation Rome I WSG - Employment Law Seminar Els de Wind Madrid 19 November 2010

Treaty of Rome becomes Regulation Rome I Background From Treaty to Regulation Changes 2

Scope Material scope Relation with Regulation 44/2001/EU on the competence of courts Same exceptions as Treaty of Rome Formal scope Same Temporal scope Depends on country. In The Netherlands: Regulation Rome I applicable from 17 December 2009 (Treaty of Rome applicable from 1 September 1991) 3

Changes Article 8 (Article 6 Treaty of Rome) Choice of forum influences choice of law (Regulation Rome I, cons. 12) Article 8 par. 2: the country “from where” the work is usually performed. Gleichlauf with Brussels I. Stay as much as possible with Article 8 par. 2 Article 8 par. 2: the country “from where” is not considered to have changed if the employee temporarily works in another country Article 8 par. 4: “close connection” and Regulation Rome I, cons. 20 4

Changes Article 9 (Article 7 Treaty of Rome) Definition of “public order” of Arblade (European Court of Justice 23 November 1999) Differences between rules of “public order” and “mandatory law” rules Article 9 par. 1 and par. 3 Regulation Rome I versus Article 7 par. 1 and 2 Treaty of Rome 5

Contact details Van Doorne N.V. Jachthavenweg KM Amsterdam Postbus AG Amsterdam The Netherlands Els de Wind Partner Employment Law T +31 (0) F +31 (0) E 6