FREEDOM OF ESTABLISHMENT WITHIN THE EUROPEAN UNION & ITALIAN FAMILY-OWNER LOGISTICS AND TRANSPORT COMPANIES tries to illustrate a mostly hidden world of a real experienced case about labour law, civil law, public law, company and corporate law in some Italian family-run Logistics and Transport Companies.

1. Sajjad Khaksari; Politecnico di Torino!
May 13, 2015!
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FREEDOM OF ESTABLISHMENT WITHIN
! THE EUROPEAN UNION
!&
!ITALIAN LOGISTICS AND TRANSPORT COMPANIES
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Real experience about labour law, civil law, public law, company and corporate law in
the world of Italian Logistics and Transport Companies !
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Transport & Logistic industry cover more than 10% of European Union GDP . In another1
hand, all other industries, are dependent and not independent to this fundamental act.
Every thing we see in our life, has received a lot of transport or logistic services. !
!
However, when European Union (UE) fixed “FREEDOM OF ESTABLISHMENT WITHIN
THE EUROPEAN UNION”, transport world dramatically has changed, as many other EU
industries. A dramatic change that was not so visible for costumers (who received
transport or logistics services) but it has changed the Labour Rights for the persons
whose are working hard in the hard conditions. !
!
Last year in 2014, I was a witness of this tragedy. I used to work in this enough dramatic
circumstances for recovering some costs of my life as a student of Engineering and
Management course in Politecnico di Torino. I worked hard not as a luxe Manager but
just as a simple truck/lorry driver. The situation I call it modern slavery in 21th century.!
!
To answer your probably question about What does it mean? We can look in to the
FREEDOM OF ESTABLISHMENT, together once again. The law that has offered european
companies to change their Corporate Seat.
After absolute enforcement of this critical law about 14,000 German companies,
changed their corporate seat from Germany to the UK.!
Prof. Alessandro Perego; Politecnico di Milano1

2. Even in Italy, many transport companies, decided to use this opportunity. So where is
the problem? Wasn't the goal, encouraging european countries to be more competitive?!
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Unfortunately the “FREEDOM OF ESTABLISHMENT WITHIN THE EUROPEAN UNION”
scarified the labour rights of thousands and thousands drivers or workers, whose work
in transport companies, specially in some country like Italy with serious crisis problems.!
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I talked with numerous drivers from Italy and east european
countries. They work hard and they do not know what are
their rights! because they were obligated to sign the Contract
that is not written even in their own mother languages. !
!
Let me give you a real example. Matteo is an Italian young
man from a small countryside in North-West Italy. He finally
received an offer of job as a driver from the Transport and
logistics Company that has a Legal Seat in Portugal but that
isn't the real seat of the company. The company is a Family Company. The typical form
of companies that is very common in Italy. The company has founded many years ago
by father of the family, who is from the traditional Italian family from North.!
!
The CIO of the Company, who is Son of Father, asked our young driver Matteo, to sign
his Czech Republican Contract in Trento!!! When Matteo arrived there he met the
women, she works for a Czech Republican Temporary Companies. Czech women
asked Matteo to sign the Contract as other two drivers they were there in the same
condition of job but in other transport & logistics companies. !
!
So everything has done. Today, when you read this paper, Matteo works hard, but he
could not be a member of any Italian Labour Union. His rights as a labour or as a
human been has changed dramatically. !
!
I personally talked with transport section of CGIL (biggest labour union in Italy). Even
they are unhappy and confused with the story of Non Italian Contract. Some analyzers
those critic the law of “FREEDOM OF ESTABLISHMENT WITHIN THE EUROPEAN UNION”
believe this law has studied to stop the strike power and unity power of labors. !
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Imagine the stress you might feel, when you have to work under the Contract that is not
even in your mother language! You feel as an abandoned orphan, alone and totally not
protected from law or any kind of labour union defend.!

3. Anyway, Matteo continues his hard work. Thats better than notting, he said! He is happy
because at least he will received his miserable compensation after more than 2 month!
However, we remember that he is not protected in the case of the accidents during his
dangerous job and he does not know what will happened to his superannuation. !
!
Matteo works hard and he normally could visit his family just after the weeks for one or
two days and he should come back again to done his services and his duties. He Works
hard for the company does not care about him and his family and his future life.!
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So, before concluding this paper together, please for the moment, just a moment, put
yourself in the shoes of Matteo and other drivers whose work hard in this condition! In
addition lets think about the question they ask:!
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Who has benefited more than others from the
“FREEDOM OF ESTABLISHMENT WITHIN THE EUROPEAN UNION” ?
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Workers and their families or Italian God Fathers?!!!!
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Resources: To write this paper I used these useful books and websites:
✓ Trasporto merci su strada, è una pubblicazione a cura di: ANFIA - Associazione Nazionale
✓ STATISTICO NAZIONALE; Conto Nazionale delle Infrastrutture e dei Trasporti
✓ Analisi e previsioni per il trasporto merci in Italia, © Confcommercio-Imprese per l’Italia
✓ Robert.W. EMERSON, Business Law, New York, 2004
✓ Gary Blake & Robert W. Bly, The Elements of Business Writing, New York, 1991
✓ Carsten Frost, TRANSFER OF COMPANY'S SEAT – AN UNFOLDING STORY IN EUROPE,
Victoria University of Wellington, 2005
✓ KRAAKMAN - DAVIES - HANSMANN - HERTIG - HOPT - KANDA - ROCK, The Anatomy
of Corporate Law. A Comparative and Functional Approach, Oxford, 2004
✓ Personal Transport and Logistic blog of Sajjad Khaksari: http://italiancoaddress.blogspot.it