CELEX: 62013CN0091
Language: en
Date: 2013-02-25 00:00:00
Title: Case C-91/13: Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 25 February 2013 — Essent Energie Productie BV; other party: Minister van Sociale Zaken en Werkgelegenheid

25.5.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 147/10
            
         Request for a preliminary ruling from the Raad van State (Netherlands) lodged on 25 February 2013 — Essent Energie Productie BV; other party: Minister van Sociale Zaken en Werkgelegenheid
   (Case C-91/13)
   2013/C 147/18
   Language of the case: Dutch
   
      Referring court
   
   Raad van State
   
      Parties to the main proceedings
   
   
      Appellant: Essent Energie Productie BV
   
      Other party: Minister van Sociale Zaken en Werkgelegenheid
   
      Questions referred
   
   
               1.
            
            
               In a situation such as that at issue in the main proceedings, can a principal contractor which must, pursuant to Article 2(1) of the Wet arbeid vreemdelingen 1994 (1994 Netherlands Law on the employment of foreign nationals), be regarded as the employer of the Turkish workers concerned rely, as against the Netherlands authorities, on the standstill rule in Article 13 of Decision No 1/80 (1) or on the standstill rule in Article 41 of the Additional Protocol? (2)
               
            
         
               2.
            
            
               
                           (a)
                        
                        
                           Must the standstill rule in Article 13 of Decision No 1/80 or the standstill rule in Article 41 of the Additional Protocol be interpreted as precluding the introduction of a prohibition, as referred to in Article 2(1) of the Wet arbeid vreemdelingen 1994, for principal contractors to have work carried out in the Netherlands by workers who are nationals of a third country, in this case Turkey, without a work permit, if those workers are in the employ of a German undertaking and work for the principal contractor in the Netherlands via a Netherlands user undertaking?
                        
                     
                           (b)
                        
                        
                           Is it significant in that regard that an employer was already prohibited, before both the standstill rule in Article 41 of the Additional Protocol and the standstill rule in Article 13 of Decision No 1/80 entered into force, from having work carried out by a foreign national without a work permit under a contract of employment and that that prohibition was extended, likewise before the standstill rule in Article 13 of Decision No 1/80 entered into force, to user undertakings to which foreign nationals are posted?
                        
                     
         
      (1)  Decision No 1/80 of the Association Council of 19 September 1980 on the development of the EEC-Turkey Association.
   
      (2)  Signed in Brussels on 23 November 1970 and concluded, approved and confirmed by means of Council Regulation (EEC) No 2760.72 of 19 December 1972 (OJ 1972 L 293, p. 1).