The Court of Haarlem has recently decided that the ruling which has been in effect since 1 January 2013 regarding the 150km norm for incoming workers is contrary to EU law, in particular the right to freedom of movement for workers. According to the court the rule is “contrary to the right to most favoured nation treatment”, also called ‘horizontal discrimination’.
The Court of Breda came to the conclusion in November 2012 that the 150km norm is not in conflict with EU law. A cassation appeal was lodged against the Court of Breda judgment and a higher appeal made against the Haarlem judgment.