Commission v Germany, decided in July 2010, is the latest in the growing line of cases in which the Court has attempted to deal with the relationship between economic freedoms and social rights in the context of the European Union (EU) internal market. The result of this case, just like the result of the earlier Viking, Laval, Rüffert and Luxembourg cases, which have been extensively discussed in the pages of this journal (see A. Davies (2008) 37 ILJ 126, P. Davies (2008) 37 ILJ 293 and C. Barnard (2009) 38 ILJ 122), does not offer much comfort for labour lawyers. However, there are elements in the reasoning of the Court and in particular its Advocate General, which offer a prospect—perhaps no more than a tantalizing prospect—of a different future.
|Translated title of the contribution||Reconciling Economic Freedoms and Social Rights - The Potential of Commission v Germany (Case C-271/08, Judgment of 15 July 2010)|
|Pages (from-to)||222 - 229|
|Number of pages||8|
|Journal||Industrial Law Journal|
|Publication status||Published - Jun 2011|