CELEX: C2004/300/46
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (First Chamber) of 21 October 2004 in Case C-445/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a State to fulfil obligations — Freedom to provide services — Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of non-member countries)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/22
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 21 October 2004
   in Case C-445/03: Commission of the European Communities v Grand Duchy of Luxembourg (1)
   
   (Failure of a State to fulfil obligations - Freedom to provide services - Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of non-member countries)
   (2004/C 300/46)
   Language of the case: French
   In Case C-445/03: Commission of the European Communities (Agents: M. Patakia) v Grand Duchy of Luxembourg (Agents: S. Schreiner, assisted by A. Rukavina) — action under Article 226 EC for failure to fulfil obligations, brought on 21 October 2003 — the Court (First Chamber), composed of: P. Jann, President of the Chamber, K. Lenaerts (Rapporteur), K. Schiemann, E. Juhász and M. Ilešič, Judges; Advocate General: D. Ruiz-Jarabo Colomer, Registrar: R. Grass, has given a judgment on 21 October 2004, in which it:
   
               1.
            
            
               Declares that, by imposing on service providers established in another Member State who wish to deploy in its territory workers who are nationals of non-member countries a requirement of individual work permits, the issuance of which is subject to considerations relating to the employment market, or a requirement of a collective work permit, which is granted only in exceptional cases and only when the workers concerned have, for at least six months prior to the deployment, been in a relationship with their undertaking of origin through a contract of employment of indefinite duration, and by requiring those service providers to provide a bank guarantee, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 49 EC;
            
         
               2.
            
            
               Orders the Grand Duchy of Luxembourg to pay the costs.
            
         
      (1)  OJ C 289 of 29.11.2003.