CELEX: 62008CN0219
Language: en
Date: 2008-05-22 00:00:00
Title: Case C-219/08: Action brought on 22 May 2008 — Commission of the European Communities v Kingdom of Belgium

19.7.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/15
            
         Action brought on 22 May 2008 — Commission of the European Communities v Kingdom of Belgium
   (Case C-219/08)
   (2008/C 183/30)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: E. Traversa and J.-P. Keppenne, Agents)
   
      Defendant: Kingdom of Belgium
   Form of order sought
   
               —
            
            
               declare that, by requiring, in the event that workers who are nationals of third countries are posted by Community undertakings in the framework of a provision of services:
               
                           (a)
                        
                        
                           authorisation prior to the exercise of the economic activity;
                        
                     
                           (b)
                        
                        
                           that the residence permit issued in the State in which the employer is established must be valid three months beyond the end of the service provided;
                        
                     
                           (c)
                        
                        
                           that a worker must have been in the service of the same employer providing the services for at least sixth months;
                        
                     the Kingdom of Belgium has failed to fulfil its obligations under Article 49 EC.
            
         
               —
            
            
               order the Kingdom of Belgium to pay the costs.
            
         Pleas in law and main arguments
   The Commission claims, in essence, that the requirements imposed by the defendant in the event that workers who are nationals of third countries are posted by providers of services established in a Member State other than Belgium restrict the free provision of services and at the same time discriminate against those providers in relation to their competitors established in Belgium.
   By its first complaint, the Commission claims that the system of authorisation prior to the exercise of an economic activity represents a disproportionate obstacle to the free provision of services. That obstacle cannot moreover be justified by any reason of general interest, or by reference to the rules of the Schengen acquis.
   By its second complaint, the applicant calls in question the disproportionate nature of the requirement that the residence permit issued in the Member State in which the employer is established must be valid three months beyond the end of the service provided.
   By its third complaint, the Commission states that despite the positive legislative amendments effected by the defendant, the requirement that a worker must have been in the service of the same employer providing the services for at least six months represents an unjustified restriction on the free provision of services.