CELEX: C2001/173/32
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 15 March 2001 in Case C-165/98 (reference for a preliminary ruling from the Tribunal Correctionnel d'Arlon, Belgium): André Mazzoleni v Inter Surveillance Assistance SARL (Freedom to provide services — Temporary deployment of workers for performance of a contract — Directive 96/71/EC — Guaranteed minimum wage)

16.6.2001                EN                      Official Journal of the European Communities                                           C 173/19
1.    Statutory provisions of a Member State which, first, require          and of Article 59 of the EC Treaty (now, after amendment,
      private electricity supply undertakings to purchase electricity       Article 49 EC) and Article 60 of the EC Treaty (now Article 50
      produced in their area of supply from renewable energy sources        EC) — the Court (Fifth Chamber), composed of: D.A.O. Edward
      at minimum prices higher than the real economic value of that         (Rapporteur), acting for the President of the Fifth Chamber,
      type of electricity, and, second, distribute the financial burden     J.-P. Puissochet and L. Sevón, Judges; S. Alber, Advocate
      resulting from that obligation between those electricity supply       General; H.A. Rühl, Principal Administrator, for the Registrar,
      undertakings and upstream private electricity network operators       has given a judgment on 15 March 2001, in which it has
      do not constitute State aid within the meaning of Article 92(1)       ruled:
      of the EC Treaty (now, after amendment, Article 87(1) EC).
                                                                            Article 59 of the EC Treaty (now, after amendment, Article 49 EC)
2.    In the current state of Community law concerning the electricity      and Article 60 of the EC Treaty (now Article 50 EC) do not preclude
      market, such provisions are not incompatible with Article 30          a Member State from requiring an undertaking established in another
      of the EC Treaty (now, after amendment, Article 28 EC).               Member State which provides services in the territory of the first State
                                                                            to pay its workers the minimum remuneration fixed by the national
                                                                            rules of that State. The application of such rules might, however,
(1) OJ C 397 of 19.12.1998.                                                 prove to be disproportionate where the workers involved are employees
                                                                            of an undertaking established in a frontier region who are required to
                                                                            carry out, on a part-time basis and for brief periods, a part of their
                                                                            work in the territory of one, or even several, Member States other
                                                                            than that in which the undertaking is established. It is consequently
                                                                            for the competent authorities of the host Member State to establish
                                                                            whether, and if so to what extent, application of national rules
                                                                            imposing a minimum wage on such an undertaking is necessary and
                                                                            proportionate in order to ensure the protection of the workers
                                                                            concerned.
                  JUDGMENT OF THE COURT
                                                                            (1) OJ C 209 of 4.7.1998.
                           (Fifth Chamber)
                          of 15 March 2001
in Case C-165/98 (reference for a preliminary ruling from
the Tribunal Correctionnel d’Arlon, Belgium): André
    Mazzoleni v Inter Surveillance Assistance SARL (1)
                                                                                             JUDGMENT OF THE COURT
(Freedom to provide services — Temporary deployment of                                                (Fifth Chamber)
workers for performance of a contract — Directive 96/71/EC
                 — Guaranteed minimum wage)
                                                                                                     of 15 March 2001
                           (2001/C 173/32)
                                                                            in Case C-265/99: Commission of the European Communi-
                                                                                                 ties v French Republic (1)
                     (Language of the case: French)
                                                                            (Failure by a Member State to fulfil obligations — Article 95
                                                                            of the EC Treaty (now, after amendment, Article 90 EC) —
                                                                                                   Tax on motor vehicles)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                                      (2001/C 173/33)
In Case C-165/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunal                                            (Language of the case: French)
Correctionnel d’Arlon (Criminal Court, Arlon), Belgium, for a
preliminary ruling in the criminal proceedings pending before
that court against André Mazzoleni, and Inter Surveillance                  (Provisional translation; the definitive translation will be published
Assistance SARL, as the party civilly liable, third parties: Éric                             in the European Court Reports)
Guillaume and Others — on the interpretation of Directive
96/71/EC of the European Parliament and of the Council of
16 December 1996 concerning the posting of workers in the                   In Case C-265/99: Commission of the European Communities
framework of the provision of services (OJ 1997 L 18, p. 1)                 (Agents: E. Traversa and H. Michard) v French Republic