Case C-346/06: Judgment of the Court (Second Chamber) of 3 April 2008 (reference for a preliminary ruling from the Oberlandesgericht Celle (Germany)) — Dirk Rüffert, in his capacity as liquidator of the assets of Objekt und Bauregie GmbH & Co. KG v Land Niedersachsen (Article 49 EC — Freedom to provide services — Restrictions — Directive 96/71/EC — Posting of workers in the context of the provision of services — Procedures for the award of public works contracts — Social protection of workers)
Date: 2008-04-03
Institutions: Court of Justice
Subjects: award of contract, freedom to provide services, interpretation of the law, labour market, remuneration of work

24.5.2008

EN

Official Journal of the European Union

C 128/9

Operative part of the judgment

Article 48(2) of Council Regulation (EEC) No 1408/71 of 14 June
1971 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families
moving within the Community, as amended and updated by Regu-
lation (EC) No 631/2004 of the European Parliament and of the
Council of 31 March 2004, requires the competent institution of the
last Member State in which a worker who is a national of a Member
State resided to take into account, in calculating the old age pension of
that worker, who, when he submits his pension claim, is resident in a
non-Member State, of the periods worked in another Member State
resided in the
under
European Community.

the same conditions as if

that worker still

(1) OJ C 281, 18.11.2006.

Judgment of the Court (Second Chamber) of 3 April 2008
(reference for a preliminary ruling from the Oberlandes-
gericht Celle (Germany)) — Dirk Rüffert, in his capacity as
liquidator of the assets of Objekt und Bauregie GmbH &
Co. KG v Land Niedersachsen

(Case C-346/06) (1)

(Article 49 EC — Freedom to provide services — Restrictions
— Directive 96/71/EC — Posting of workers in the context of
the provision of services — Procedures for the award of public
works contracts — Social protection of workers)

(2008/C 128/13)

Language of the case: German

Referring court

Oberlandesgericht Celle

Parties to the main proceedings

with, and ensure compliance by their subcontractors with, the
provisions on minimum pay prescribed by the collective agree-
ment in force at the place where the services in question are to
be provided.

Operative part of the judgment

the provision of

interpreted in the

Directive 96/71/EC of the European Parliament and of the Council of
16 December 1996 concerning the posting of workers in the frame-
work of
light of
services,
Article 49 EC, precludes an authority of a Member State, in a situa-
tion such as that at issue in the main proceedings, from adopting a
measure of a legislative nature requiring the contracting authority to
designate as contractors for public works contracts only those undertak-
ings which, when submitting their tenders, agree in writing to pay
their employees, in return for performance of the services concerned, at
least
the
the remuneration prescribed by the collective agreement
minimum wage
services are
performed.

the place where

in force at

those

(1) OJ C 294, 2.12.2006.

the Court (Fourth Chamber) of 10 April
Judgment of
a preliminary ruling from the
2008 (reference for
Vergabekontrollsenat des
Landes Wien, Austria) —
Ing. Aigner, Wasser-Wärme-Umwelt GmbH v Fernwärme
Wien GmbH

(Case C-393/06) (1)

(Public contracts — Directives 2004/17/EC and 2004/18/EC
— Contracting entity pursuing activities falling in part within
the field of application of Directive 2004/17/EC and in part
within that of Directive 2004/18/EC — Body governed by
public law — Contracting authority)

(2008/C 128/14)

Language of the case: German

Applicant: Dirk Rüffert, in his capacity as liquidator of the assets
of Objekt und Bauregie GmbH & Co. KG

Referring court

Defendant: Land Niedersachsen

Vergabekontrollsenat des Landes Wien

Re:

Parties to the main proceedings

Preliminary reference — Oberlandesgericht Celle (Germany) —
Interpretation of Article 49 EC — National legislation requiring
undertakings involved in the tendering procedure for public-
works contracts to give a commitment that they will comply

Applicant: Ing. Aigner, Wasser-Wärme-Umwelt GmbH

Defendant: Fernwärme Wien GmbH