THE BOTTOM LINE
- Workforce Impact: Businesses employing non-Ukrainian nationals who fled the war face the imminent loss of these employees. Their right to work is directly linked to their temporary protection status, which Dutch courts have now confirmed can be legally terminated.
- No Grounds for Unequal Treatment Claims: Legal challenges based on different treatment compared to Ukrainian nationals have been rejected. The courts affirm that the two groups are not legally comparable, as third-country nationals are presumed to be able to return safely to their country of origin.
- Urgent Compliance Review Needed: Companies must urgently verify the residency and work authorization status of all employees who arrived from Ukraine. Relying on the previous “freeze” on deportations is no longer a viable strategy, and non-compliance carries significant legal and financial risks.
THE DETAILS
This ruling from the District Court of The Hague provides crucial clarity on the legal status of a specific group of workers: third-country nationals (TCNs) who were legally residing in Ukraine at the time of the 2022 invasion. When the EU activated its Temporary Protection Directive (TPD), the Netherlands extended protection not only to Ukrainian citizens but also to TCNs, like the Moroccan claimant in this case. However, the Dutch government later moved to end this protection for TCNs, sparking legal challenges over whether their status could be terminated while protection for Ukrainian nationals continued. This decision directly addresses that core issue, setting a clear precedent for businesses and their employees.
The court’s reasoning is firmly anchored in recent landmark guidance from the Court of Justice of the European Union (in the Kaduna and Abkez case) and the Netherlands’ highest administrative court. The claimant argued that ending his protection violated the principles of equality and legitimate expectations. The court dismissed both claims. It found that the situations of TCNs and Ukrainian nationals are fundamentally different; unlike Ukrainians who cannot safely go home, TCNs generally have a country of nationality to which they can return. Therefore, treating the two groups differently does not violate the principle of equality.
Practically, the judgment confirms that the Dutch government’s decision to end temporary protection for TCNs after March 4, 2024, is lawful. The court also noted that a temporary government “freeze” on enforcing return decisions was a practical suspension, not a legal promise that created a right to continued residence. The ruling upheld the termination of the claimant’s residency and the order for him to return to Morocco. For CEOs and legal counsel, this signals the definitive end of the TPD arrangement for non-Ukrainian employees and underscores the need to address their legal status immediately.
SOURCE
Source: Rechtbank Den Haag (District Court of The Hague)
