CELEX: C2006/060/10
Language: en
Date: 2006-03-11 00:00:00
Title: Judgment of the Court (First Chamber) of  19 January 2006  in Case C-244/04: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Article 49 EC — Freedom to provide services — Undertaking employing workers who are nationals of non-member States — Undertaking providing services in another Member State — Work visa regime)

11.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 60/5
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 19 January 2006
   in Case C-244/04: Commission of the European Communities v Federal Republic of Germany (1)
   
   (Failure of a Member State to fulfil obligations - Article 49 EC - Freedom to provide services - Undertaking employing workers who are nationals of non-member States - Undertaking providing services in another Member State - Work visa regime)
   (2006/C 60/10)
   Language of the case: German
   In Case C-244/04, Action for failure to fulfil obligations under Article 226 EC, brought on 8 June 2004, Commission of the European Communities (Agents: G. Braun and E. Traversa) v Federal Republic of Germany (Agents: C.-D. Quassowski and A. Tiemann), the Court (First Chamber), composed of P. Jann, President of the Chamber, N. Colneric, J.N. Cunha Rodrigues, M. Ilešič and E. Levits (Rapporteur), Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a judgment on 19 January 2006, in which it:
   
               1.
            
            
               Declares that, by not confining itself to making the posting of workers who are nationals of non-member States for the purpose of the provision of services in Germany subject to a simple prior declaration by the undertaking established in another Member State which intends to post such workers, and by requiring that they have been employed for at least a year by that undertaking, the Federal Republic of Germany has failed to fulfil its obligations under Article 49 EC;
            
         
               2.
            
            
               Orders the Federal Republic of Germany to pay the costs.
            
         
      (1)  OJ C 228 of 11.9.2004.