Agreements with France and CERN on the law applicable to companies active at the CERN site

Bern, 10.10.2012 - On 10 October 2012, the Federal Council adopted the Dispatch to Parliament concerning the approval of two agreements signed with France and the European Organisation for Nuclear Research (CERN) on the law applicable to companies active on the CERN site. CERN is based in Geneva, and its site is located on both Swiss and French territory.

In 1965, Switzerland and France concluded a convention governing the modalities for extending CERN activities into French territory. In keeping with the principle of territoriality, as confirmed in that agreement, the CERN site situated on Swiss territory is subject to Swiss law, while French law applies to the CERN site situated on French territory.

In carrying out its activities, CERN calls upon the services of numerous companies, which provide these services on both the Swiss and French sectors of the CERN site. Consequently they are obliged to apply two different legal regimes while performing services under a single contract - a situation which gives rise to major practical difficulties.

To resolve these difficulties, on 18 October 2010, Switzerland and France signed an agreement amending the Convention of 1965. Under the terms of this agreement, any company which concludes a service contract with CERN must apply to its employees involved in the execution of the contract the legal provisions applicable to seconded workers of the host country on whose territory the major part of the services to be performed under the contract is foreseen. Accordingly, in the legal domains in question, the company will apply a single legal regime irrespective of where the workplace of each individual employee is located. The other legal domains will remain subject to the principle of territoriality. An agreement between Switzerland, France and CERN, signed on the same date, governs the modalities for the application of this principle.

With the Federal Council's Dispatch adopted today, both of the agreements have been submitted to the two chambers of the Federal Assembly for approval.

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