TY - JOUR
T1 - ‘From Rome to Rome’
T2 - Cross-border employment contract. European private international law: Intertemporal law and foreign overriding mandatory laws Case C-135/15 Greek Republic v. Grigorios Nikiforidis, EU:C:2016:774
AU - Rammeloo, Stephan
PY - 2017
Y1 - 2017
N2 - To what extent are greek saving laws, resulting in payment cuts in the public sector (that is employment conditions), capable of overriding the applicable (german) law? a dispute arising from an employment relationship between the greek republic and an employee habitually carrying out work in germany, gave rise to preliminary questions having regard to the temporal scope of eu regulation no. 593/2008 (the ‘rome i regulation’)1 and, closely related thereto, the functional reach of article 9(3) of that regulation in respect of ‘foreign’ mandatory laws, in light of the principle of sincere cooperation enshrined in article 4(3) teu. An analysis of the advocate general’s opinion and the court of justice of the european union’s (cjeu) ruling is followed by critical commentary and suggestions for future eu legislative amendments to the rome i regime.
AB - To what extent are greek saving laws, resulting in payment cuts in the public sector (that is employment conditions), capable of overriding the applicable (german) law? a dispute arising from an employment relationship between the greek republic and an employee habitually carrying out work in germany, gave rise to preliminary questions having regard to the temporal scope of eu regulation no. 593/2008 (the ‘rome i regulation’)1 and, closely related thereto, the functional reach of article 9(3) of that regulation in respect of ‘foreign’ mandatory laws, in light of the principle of sincere cooperation enshrined in article 4(3) teu. An analysis of the advocate general’s opinion and the court of justice of the european union’s (cjeu) ruling is followed by critical commentary and suggestions for future eu legislative amendments to the rome i regime.
U2 - 10.1177/1023263X17709754
DO - 10.1177/1023263X17709754
M3 - Article
SN - 1023-263X
VL - 24
SP - 298
EP - 322
JO - Maastricht Journal of European and Comparative Law
JF - Maastricht Journal of European and Comparative Law
IS - 2
ER -