Judgment — ECLI:EU:C:2009:599
Date: 2009-10-01
Language of the case: French
Court formation: Second Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Freedom to provide services;Free movement of workers
Concepts: General
Procedure: Action for failure to fulfil obligations - unfounded
Origin: Belgium

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) The requirement by a Member State that a service provider should furnish a simple prior declaration certifying that the situation of the workers posted to that State who are nationals of non-member States is lawful, particularly in the light of the requirements of residence, work visas and social security cover in the Member State where that provider employs them, is a measure which, in principle, does not go beyond what is necessary in order to prevent the abuse to which the implementation of the freedom to provide services may give rise. (see paras 16, 18)