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October 14, 2022 – The Supreme Court has today issued a decision in the legal action that the FNV trade union took against Van den Bosch Transporten B.V.
In short, the central question is whether the Dutch collective labour agreement/basic employment conditions apply to drivers employed by foreign affiliate companies of Van den Bosch when they carry out transport within or from the Netherlands.
Supreme Court ruling
Today the Supreme Court annulled the judgement of the Court of Appeal of 's-Hertogenbosch of 2 May 2017. The Supreme Court is referring the proceedings to the Arnhem-Leeuwarden Court of Appeal for further consideration and decision.
The FNV trade union has always taken the position that foreign international drivers are entitled to Dutch wages because they have worked in or from the Netherlands. Today's ruling shows the position of FNV to be incorrect. According to the Supreme Court, the fact that the drivers have received their instructions from the Netherlands and/or started or ended their transport activities at the head office in Erp is insufficient to conclude that there is a close relationship. The Supreme Court thus follows the earlier decision of the European Court of Justice in Luxembourg.
Favourable business climate
CEO Rico Daandels of Van den Bosch feels supported by the ruling of the Supreme Court and the earlier ruling of the European Court of Justice. “We are pleased that another step has been taken towards greater clarity in this lengthy and complex procedure. The Supreme Court ruling feels like confirmation that we have always acted correctly. Besides that, the ruling creates more clarity for the sector, which means that the Netherlands will remain a favourable location for international logistics service providers.”