Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-01-18-Speech-4-041"
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"en.20070118.4.4-041"2
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".
Mr President, Mrs Wallis, Commissioner.
While the draft legislation was in progress, my supporters and I planned to submit a motion to amend the Rome II report. Unfortunately this was not successful. For that reason I would like to present the content of the motion to you now.
Pursuant to the regulation’s general rule, the law of the country in which the damage arises is to be applied in the case of non-contractual obligations. Article 9, however, contains an exception, and requires the automatic application of the laws of the country in which the industrial action takes place. I would recommend that Article 9 be removed from the draft legislation.
The exception in Article 9 does not give equal consideration to all parties in employment relations, and may place small and medium-sized companies providing services abroad in a very unfavourable situation.
Due to possible industrial action, companies cannot fulfil their contractual obligations, and are forced to return their employees, compensate the damages that have arisen and pay a contractual penalty, and thus the anticipated revenue is not obtained. Thus the damages arising from the industrial action arise in the country in which the company is located, and not in the country in which the industrial action takes place.
In my opinion, an analysis of the effects of the introduction of Article 9 into Community legislation should have been performed before the article was introduced."@en1
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