The FNV trade union federation has lost its preliminary case against a Dutch transport group which it claims is exploiting Romanian and Lithuanian drivers.

The union had called on judges to force Deventer-based Vos to pay its foreign drivers compensation, arguing they should fall under the Dutch pay and conditions deal.

Vos pays its foreign drivers via a Romanian subsidiary Vosescu, which, the union claims, is effectively run from the Netherlands. It also claimed the Romanian drivers drive lorries from the Netherlands throughout western Europe and rarely visit Romania.

However, judges in Zwolle said the union had failed to produce enough evidence to properly support its case and needed to come up with more facts. Judges also sided with Vos which argued the case is too complex to be dealt with in interim proceedings.

FNV spokesman Edwin Atema said the verdict is disappointing but that all Vos has done is bought more time. ‘We are convinced that the main proceedings will show that this construction is illegal,’ he said.