1. CHOICE OF LAW
a) overview
Art. 11 – 16 ⇒ functions:
Which law applies? Only one law applies - no loopholes,
no double protection.
example: NL - resident works in B; B resident works in NL –
Which law applies, if there were not Art. 11?
b) Art.11 I: only one law applies
Art.11 II: workplace is the decisive connecting factor
Art. 12: more than one employment (previously lex domicilii
now lex loci laboris)
ECJ – 9.3.2006 – C-493/04: double contributions?
c) options:
• EC-officials (Art.15) 1
• lex contractus (Art.16)

2. STRUCTURE OF CHOICE- OF- LAW- RULES
MATTER + CONNECTING ⇒ NATIONAL
SUBSTANTIVE FACTOR LAW
examples: examples:
social assistance residence
compensation stay
promotion citizenship
social insurance workplace = contract
connecting factor connects = links matter with specific
national substantive law
2

3. WORKPLACE
⇒ not necessarily the place where someone does his/her work
at the moment
two problems:
1. working temporarily abroad
2. working regularly abroad
solutions: ⇒ workplace = residence of the employer
1. if work abroad does not exceed 24 months or agreement Art. 16
ECJ – 26.1.2006 – C-2/05: Effect of E101 form
3

4. UNEMPLOYMENT BENEFITS
a) overview
main objective: state of last employment is the
competent state = bears burden
ECJ – 9.11.2006 – C-346/05: coverage of a period of employment
b) Totalization
c) amount of benefits
d) looking for a job outside the competent state
e) frontier worker
f) work permit for third country nationals?
ECJ – 11.1.2007 – C-208/05 4