# C_2007042EN.01000501.xml

| 24.2.2007 | EN | Official Journal of the European Union | C 42/5 |
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24.2.2007

EN

Official Journal of the European Union

C 42/5

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Judgment of the Court (Third Chamber) of 11 January 2007 (reference for a preliminary ruling from the Sozialgericht Berlin — Germany) — ITC Innovative Technology Center GmbH v Bundesagentur für Arbeit

(Case C-208/05) (1)

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(Freedom of movement for workers - Freedom to provide services - National legislation - Payment by the Member State of the fee due to a private-sector recruitment agency in respect of recruitment - Employment subject to compulsory social security contributions in that Member State - Restriction - Justification - Proportionality)

(2007/C 42/08)

Language of the case: German

Referring court

Sozialgericht Berlin

Parties to the main proceedings

Applicant: ITC Innovative Technology Center GmbH

Applicant:

Defendant: Bundesagentur für Arbeit

Defendant:

Re:

Reference for a preliminary ruling — Sozialgericht Berlin — Interpretation of Articles 18 EC, 39 EC, 49 EC, 50 EC and 87 EC and of Articles 3 and 7 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community (OJ, English Special Edition 1968(II), p. 475) — National legislation introducing subsidies for private-sector recruitment companies in the event of the conclusion by a job-seeker of a contract of employment resulting in affiliation to the social-security system — Excluded in the case of a contract of employment concluded with an employer established in the territory of another Member State

Operative part of the judgment

| 1. | Articles 39 EC, 49 EC and 50 EC prohibit national legislation, such as the second sentence of Paragraph 421(g)(1) of Book III of the German Social Security Code, which provides that payment by a Member State to a private-sector recruitment agency of the fee due to that agency by a person seeking employment in respect of that person's recruitment is subject to the condition that the job found by that agency be subject to compulsory social security contributions in that State. |
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1.

Articles 39 EC, 49 EC and 50 EC prohibit national legislation, such as the second sentence of Paragraph 421(g)(1) of Book III of the German Social Security Code, which provides that payment by a Member State to a private-sector recruitment agency of the fee due to that agency by a person seeking employment in respect of that person's recruitment is subject to the condition that the job found by that agency be subject to compulsory social security contributions in that State.

| 2. | It is for the national court to the full extent of its discretion under national law, to interpret and apply domestic law in accordance with the requirements of Community law and, to the extent that such an interpretation is not possible in relation to the EC Treaty provisions conferring rights on individuals which are enforceable by them and which the national courts must protect, to disapply any provision of domestic law which is contrary to those provisions |
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2.

It is for the national court to the full extent of its discretion under national law, to interpret and apply domestic law in accordance with the requirements of Community law and, to the extent that such an interpretation is not possible in relation to the EC Treaty provisions conferring rights on individuals which are enforceable by them and which the national courts must protect, to disapply any provision of domestic law which is contrary to those provisions

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(1)  OJ C 171, 9.7.2005.

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