CELEX: E2012J0014
Language: en
Date: 2013-06-03 00:00:00
Title: Judgment of the Court of 3 June 2013 in Case E-14/12 — EFTA Surveillance Authority v Principality of Liechtenstein (Failure by a Contracting Party to fulfill its obligations — Freedom of establishment — Freedom to provide services — Articles 31 and 36 EEA — Obligation on temporary work agencies to deposit a guarantee — Indirect and direct discrimination — Residence requirement — Justification)

26.9.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 277/11
            
         JUDGMENT OF THE COURT
   of 3 June 2013
   in Case E-14/12
   EFTA Surveillance Authority v Principality of Liechtenstein
   (Failure by a Contracting Party to fulfill its obligations — Freedom of establishment — Freedom to provide services — Articles 31 and 36 EEA — Obligation on temporary work agencies to deposit a guarantee — Indirect and direct discrimination — Residence requirement — Justification)
   2013/C 277/09
   In Case E-14/12, EFTA Surveillance Authority v Principality of Liechtenstein — APPLICATION for a declaration that by maintaining in force legislation which imposes on persons resident in Liechtenstein who are responsible for a temporary work agency the obligation to supply a guarantee of 50 000 Swiss francs, whereas the guarantee of 100 000 Swiss francs is imposed upon persons performing a similar function who are resident outside of Liechtenstein, and on agencies seeking to deliver temporary employment services cross-border, the Principality of Liechtenstein has failed to fulfil its obligations under Article 31 and Article 36 of the EEA Agreement, the Court, composed of Carl Baudenbacher, President, Per Christiansen (Judge-Rapporteur) and Páll Hreinsson, Judges, gave judgment on 3 June 2013, the operative part of which is as follows:
   The Court hereby:
   
               1.
            
            
               Declares that, by maintaining in force legislation which imposes on persons resident in Liechtenstein who are responsible for a temporary work agency the obligation to supply a guarantee of 50 000 Swiss francs, whereas the guarantee of 100 000 Swiss francs is imposed upon persons performing a similar function who are resident outside of Liechtenstein, and on agencies seeking to deliver temporary employment services cross-border, the Principality of Liechtenstein has failed to fulfil its obligations under Article 31 and Article 36 of the EEA Agreement.
            
         
               2.
            
            
               Orders Liechtenstein to bear the costs of the proceedings.