WRITTEN QUESTION No. 1643/98 by Herbert BÖSCH to the Commission. German regulations on the hiring-out of labour in the construction industry
Date: 1998-05-29
Institutions: BOESCH, European Parliament
Subjects: Austria, Germany, building industry, free movement of workers, freedom to provide services, frontier worker, labour mobility, services company, transnational corporation, working conditions

22.2.1999

EN

Official Journal of the European Communities

C 50/63

(1999/C 50/089)

WRITTEN QUESTION E-1643/98

by Herbert B(cid:246)sch (PSE) to the Commission

(29 May 1998)

Subject: German regulations on the hiring-out of labour in the construction industry

An Austrian firm produces highly specialized formwork systems supported by steel girders which need
1.
only to be assembled on site. Does the German ban on such assembly using hired-out workers constitute
inadmissible inference in the free movement of goods pursuant to Article 30 of the EC Treaty?

2.
If this is considered a case of freedom to provide services pursuant to Article 59 of the EC Treaty, do the
German regulations imposing a general ban on all hiring-out of labour in the construction industry not contravene
the spirit of the harmonized future rules laid down in Directive 96/71/EC (1) of 16 December 1996 on the posting
of workers, and is the Federal Republic of Germany therefore failing to respect the freedom to provide services?

If the German regulations comply with Directive 96/71/EC of 16 December 1996, does this not imply that
3.
the above Directive is itself excessive and in breach of Article 59 of the EC Treaty, given that the hiring-out of
workers would thus be prohibited in virtually every case, regardless of whether the rules in force in the country
from which workers are to be posted already take due account of crucial aspects of general interest?

(1) OJ L 18, 21.1.1997, p. 1.

Answer given by Mr Monti on behalf of the Commission

(13 July 1998)

1.
The ban on the hiring-out of workers for remuneration is a national measure which might affect the freedom
to provide services across borders (1), not the free movement of goods. In Germany the ban applies only to the
construction industry, which also covers the activity described in the Honourable Member(cid:146)s question.

2.
The measure should be tested for its compatibility in the light of Article 59 of the EC Treaty. However, the
question does not contain sufficient information for the Commission to be able to give a view on whether the
measure complies with that Article; in particular, it does not state whether transnational provision of services is
involved and whether the service is provided lawfully and in a similar way in Austria as the Member State of
origin of the service provider.

Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (2) does
3.
not affect national bans on the hiring-out of workers but working and employment conditions in cases where
employees are posted for hiring-out purposes. In any case, it is the Commission(cid:146)s view that the above Directive
does comply with Article 59 of the EC Treaty.

(1) See judgment of the Court of Justice in Case 279/80 Webb [1981] ECR 3305.
(2) OJ L 18, 21.1.1997.

(1999/C 50/090)

WRITTEN QUESTION E-1645/98

by Nikitas Kaklamanis (UPE) to the Commission

(29 May 1998)

Subject: Introduction of scheme to designate a (cid:145)Port of Europe(cid:146)

The system of designating a (cid:145)cultural capital of Europe(cid:146) has been an unqualified success, affording the peoples of
Europe the opportunity to familiarize themselves with one another(cid:146)s culture.

The EU has a large number of important ports making a vital contribution to transit trade in a united Europe. As
part of the EU(cid:146)s efforts to advance the process of integration and deepening of relations between its peoples, the
key role played by ports should be duly recognized and the services they provide should be improved › by
enhancing their profile › thereby boosting the crisis-stricken European shipping industry.