Case C-490/04: Judgment of the Court (First Chamber) of 18 July 2007 — Commission of the European Communities v Federal Republic of Germany (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)
Date: 2007-10-06
Institutions: Court of Justice
Subjects: Germany, action for failure to fulfil an obligation, expatriate worker, freedom to provide services, social-security contribution, temporary employment agency

C 235/2

EN

Official Journal of the European Union

6.10.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

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

(Case C-490/04) (1)

(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

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
the Federal Republic of
that worker,
Germany has failed to fulfil its obligations under Article 49 EC;

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;

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

Parties

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

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

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 trans-
lated 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) OJ C 45, 19.2.2005.

Judgment of the Court (Third Chamber) of 18 July 2007 —
Commission of the European Communities v Kingdom of
Spain

(Case C-501/04) (1)

(Failure of a Member State to fulfil obligations — Direct
insurance other than life assurance and direct life assurance
— Directives 92/49/EEC and 2002/83/EC — Portfolio
transfer system — Right to cancel — Admissibility)

(2007/C 235/03)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain (represented by:
Cárcamo, acting as Agent)

J.M Rodríguez