The problem dates back to 1973, and the Language Decree introduced by the government of Flanders to ensure the use of Dutch as a vehicular language in business, by obliging any company with premises in Flanders to have its working documents in Dutch – labour contracts, working conditions and communications between management and personnel. If any document, like a contract, is not in Dutch, it is considered void. That rule is still in place.
However, according to advocate-general Niilo Jääskinen, the rule interferes with the free movement of labour enshrined in the EU’s rules. The obligatory use of Dutch is an obstacle to foreign workers, and discourages them from coming to work in Flanders, he said. Businesses are also less likely to employ workers who are not Dutch-speakers, as the translation of documents brings administrative problems and extra costs.
The advocate-general’s advice is not binding, though the court tends to follow his advice. The Flemish government has so far declined to react. Labour minister Philippe Muyters said he would wait for the court’s final judgement, expected in the autumn, before commenting.