# C_2007235EN.01000201.xml

| 6.10.2007 | EN | Official Journal of the European Union | C 235/2 |
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6.10.2007

EN

Official Journal of the European Union

C 235/2

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Judgment of the Court (First Chamber) of 18 July 2007 — Commission of the European Communities v Federal Republic of Germany

(Case C-490/04) (1)

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(Actions for failure to fulfil obligations - Admissibility - Article 49 EC - Freedom to provide services - Posting of workers - Restrictions - Contribution to the national paid-leave fund - Translation of documents - Declaration concerning the place of employment of posted workers)

(2007/C 235/02)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: E. Traversa, G. Braun and H. Kreppel, acting as Agents)

Applicant:

Defendant: Federal Republic of Germany (represented by: W.-D. Plessing, M. Lumma and C. Schulze-Bahr, Agents, T. Lübbig, Rechtsanwalt)

Defendant:

Intervenre: French Republic (represented by G. de Bergues and O. Christmann, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations — Article 49 EC — Posting of workers in the framework of the provision of services by undertakings established on the territory of another Member State made subject to restrictions which do not apply to national undertakings — Obligation for foreign undertakings to pay contributions to the national paid-leave fund even if they are already subject to similar obligations in the State of origin and to have a large number of employment documents translated into the language of the host State — Obligation for foreign employment agencies to register with the National Employment Inspectorate every worker made available to a national customer before work commences on each individual building site.

Operative part of the judgment

The Court declares that

| 1. | In enacting a provision, such as Paragraph 3(2) of the law on posting workers (Arbeitsnehmer-Entsendegesetz) of 26 February 1996, under which foreign temporary employment agencies are required to declare, not only the placement of a worker with a user of his services in Germany, but also any change relating to the place of employment of that worker, the Federal Republic of Germany has failed to fulfil its obligations under Article 49 EC; |
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1.

In enacting a provision, such as Paragraph 3(2) of the law on posting workers (Arbeitsnehmer-Entsendegesetz) of 26 February 1996, under which foreign temporary employment agencies are required to declare, not only the placement of a worker with a user of his services in Germany, but also any change relating to the place of employment of that worker, the Federal Republic of Germany has failed to fulfil its obligations under Article 49 EC;

| 2. | Dismisses the remainder of the action; |
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2.

Dismisses the remainder of the action;

| 3. | Orders the Commission of the European Communities to bear two thirds of the costs and the Federal Republic of Germany to bear one third of the costs; |
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3.

Orders the Commission of the European Communities to bear two thirds of the costs and the Federal Republic of Germany to bear one third of the costs;

| 4. | Orders the French Republic to bear its own costs. |
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4.

Orders the French Republic to bear its own costs.

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(1)  OJ C 45, 19.2.2005.

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