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Press release

Dutch court rules that ‘preliminary questions’ on ‘Non-Seafarers’ Work Clause’ to be put to EU Court of Justice

Today, the Dutch Court of Appeal ruled that preliminary questions will be brought before the European Union (EU) Court of Justice on the Non-Seafarers’ Work Clause (NSWC). The EU Court of Justice will be requested to shed light on whether the NSWC forms a breach on the freedom of free competition and, if so, whether the NSWC is justified considering the fundamental freedom of collective bargaining. As a result, at this moment, the initial positive ruling of the Rotterdam Court confirming the validity of the NSWC still stands.