Opinion of the Advocate General — ECLI:EU:C:2005:558
Date: 2005-09-15
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Freedom to provide services
Procedure: Action for failure to fulfil obligations - successful
Origin: Germany

Summary of the Judgment Freedom to provide services – Restrictions – Posting of workers who are nationals of non-member States by an undertaking in another Member State (Art. 49 EC) A Member State which does not confine itself to making the posting of workers who are nationals of non‑member States for the purpose of the provision of services in its territory subject to a simple prior declaration by the undertaking established in another Member State which intends to post such workers, and which requires that they have been employed for at least a year by that undertaking fails to fulfil its obligations under Article 49 EC. (see para. 64, operative part)