![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
Court of Justice of the European Communities (including Court of First Instance Decisions) |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission v Belgium (Freedom to provide services) [2009] EUECJ C-219/08 (01 October 2009) URL: https://www.bailii.org/eu/cases/EUECJ/2009/C21908.html Cite as: [2009] EUECJ C-219/8, [2009] EUECJ C-219/08 |
[New search] [Printable version] [Help]
(Failure of a Member State to fulfil obligations Freedom to provide services Unjustified obstacle Posting of workers who are nationals of non-member States)
In Case C-219/08,
ACTION under Article 226 EC for failure to fulfil obligations, brought on 22 May 2008,
Commission of the European Communities, represented by E. Traversa, J.'P. Keppenne and G. Rozet, acting as Agents, with an address for service in Luxembourg,
applicant,
Kingdom of Belgium, represented by C. Pochet, acting as Agent, assisted by M. Detry, avocat,
defendant,
composed of C.W.A. Timmermans, President of the Chamber (Rapporteur), J.'C. Bonichot, P. Klūris, L. Bay Larsen and C. Toader, Judges,
Advocate General: J. Mazák,
Registrar: M.'A. Gaudissart, Head of Unit,
having regard to the written procedure and further to the hearing on 20 May 2009,
having decided, after hearing the Advocate General, to proceed to judgment without an Opinion,
gives the following
authorisation prior to the exercise of the economic activity;
that the residence permit issued in the State in which the employer is established must be valid three months beyond the end of the service provided; and
that a worker must have been in the service of the same employer providing the services for at least sixth months,
the Kingdom of Belgium has failed to fulfil its obligations under Article 49 EC.
National legal context
'The King may, by a decree debated in the Council of Ministers, exempt such categories of foreign workers as He shall determine from the requirement to obtain a work permit.'
'The following shall not be required to obtain a work permit:
...
14° workers who are not nationals of a Member State of the European Economic Area and who are employed by an undertaking which is established in a Member State of the European Economic Area and enters Belgium in order to provide services, on condition that:
(a) those workers have a right or permit to reside for longer than three months in the Member State of the European Economic Area in which they are resident;
(b) those workers are legally permitted to work in their Member State of residence, and such permission is valid for at least the length of time the service is going to be provided in Belgium;
(c) those workers are in possession of a lawful contract of employment;
(d) those workers have been in the service of the undertaking for a continuous period of at least six months;
(e) in order to ensure they return to their country of origin or residence, those workers are in possession of a passport and a residence permit that are valid three months beyond the end of the service provided.'
Pre-litigation procedure
Procedure before the Court
The action
Costs
On those grounds, the Court (Second Chamber) hereby:
1. Dismisses the action;
2. Orders the Commission of the European Communities and the Kingdom of Belgium each to bear its own costs.
[Signatures]
* Language of the case: French.