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[39]. The only relevant example is that of local labour agreements in the ports of Amsterdam and Rotterdam. The applicant appealed pending the dismissal of his infringement appeal if the employer had not offered him to work within the 5-week period referred to in recital 23. Wood QC J. in the District Court had held that the employer`s failure to comply with this requirement was not legally significant, since sufficient evidence had not been provided to conclude that section 23 had been explicitly included in the applicant`s employment contract. Wood J noted, however, that a general obligation to grant TUL was implicitly taken as a habit and practice; given that overtime paying had been a recognised practice for some years and was therefore clearly considered by both parties to be contractually binding. .