# C_2022463EN.01001501.xml

| 5.12.2022 | EN | Official Journal of the European Union | C 463/15 |
| --- | --- | --- | --- |

5.12.2022

EN

Official Journal of the European Union

C 463/15

---

Request for a preliminary ruling from the Rechtbank Den Haag, zittingsplaats Middelburg (Netherlands) lodged on 11 August 2022 — SN and Others v Staatssecretaris van Justitie en Veiligheid

(Case C-540/22)

(2022/C 463/20)

Language of the case: Dutch

Referring court

Rechtbank Den Haag, zittingsplaats Middelburg

Parties to the main proceedings

Applicants: SN, AS, RA, AA, OK, SD, IS, YZ, VK, VM, SP, OZ, OK, MM, PS, OP, ST, OO, ST, OS, AB, AT, PM, IY, SO, HY, VK, VL, DT, DM, DK, OK, MK, VM, VM, AY, PD, SS, OH, AZ, RS, VD, AI, OK

Defendant: Staatssecretaris van Justitie en Veiligheid

Questions referred

| 1. | Does the free movement of services guaranteed by Articles 56 and 57 TFEU include a right derived therefrom of residence in a Member State for third-country workers who may be employed in that Member State by a service provider established in another Member State? |
| --- | --- |

1.

Does the free movement of services guaranteed by Articles 56 and 57 TFEU include a right derived therefrom of residence in a Member State for third-country workers who may be employed in that Member State by a service provider established in another Member State?

| 2. | If not, where the duration of the provision of services exceeds three months, does Article 56 TFEU preclude an application having to be made for a residence permit for each individual worker in addition to a simple obligation to declare on the part of the service provider? |
| --- | --- |

2.

If not, where the duration of the provision of services exceeds three months, does Article 56 TFEU preclude an application having to be made for a residence permit for each individual worker in addition to a simple obligation to declare on the part of the service provider?

| 3. | If not, does Article 56 TFEU preclude






  a. | a provision of national law that the period of validity of such a residence permit may not exceed two years, irrespective of the duration of the provision of services? |
| --- | --- | --- |

3.

If not, does Article 56 TFEU preclude

a.

a provision of national law that the period of validity of such a residence permit may not exceed two years, irrespective of the duration of the provision of services?

| b. | the limitation of the period of validity of such a residence permit to the period of validity of the work and residence permit in the Member State in which the service provider is established? |
| --- | --- |

b.

the limitation of the period of validity of such a residence permit to the period of validity of the work and residence permit in the Member State in which the service provider is established?

| c. | charging a fee per (renewal) application which is equal to the fee payable for a regular work permit for a third-country national, but five times higher than the fee payable for proof of lawful residence for a Union citizen? |
| --- | --- |

c.

charging a fee per (renewal) application which is equal to the fee payable for a regular work permit for a third-country national, but five times higher than the fee payable for proof of lawful residence for a Union citizen?

---