Criminal proceedings against Alfred John Webb. [1981] EUECJ R-279/80 (17 December 1981)

Criminal proceedings against Alfred John Webb. [1981] EUECJ R-279/80 (17 December 1981)

The provision of manpower constitutes a 'service' under Article 60 EEC. Article 59 EEC does not preclude a Member State from requiring a licence for such services from providers established in another Member State, even if they hold a licence in their home state, provided the licensing process is non-discriminatory...

Source-derived case information.

Citation
[1981] EUECJ R-279/80
Parties
Accused: Alfred John Webb; Referring Court: Hoge Raad der Nederlanden (Supreme Court of the Netherlands)
Jurisdiction
European Union
Judgment Date
17 December 1981
Procedural Posture
Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court
Outcome
Preliminary ruling issued; questions answered as set out in the judgment.
Legal Topics
Freedom to Provide Services, Provision of Manpower, Licensing Requirements, Non Discrimination, Public Interest Justification
European Union Law Labour Law Freedom to Provide Services Provision of Manpower Licensing Requirements Non Discrimination Public Interest Justification

Source-derived case record

Summary, issues, holding and outcome

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Parties

Alfred John Webb

Accused

Hoge Raad der Nederlanden (Supreme Court of the Netherlands)

Referring Court

Procedural Posture

Preliminary Ruling (reference for Interpretation) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether the provision of manpower constitutes a 'service' under Article 60 EEC Treaty
  2. 2 Whether Article 59 EEC Treaty precludes a Member State from requiring a licence for provision of manpower by a provider established in another Member State
  3. 3 Effect of holding a licence in the state of establishment on the requirement to obtain a licence in the host state

Ratio Decidendi

The provision of manpower constitutes a 'service' under Article 60 EEC. Article 59 EEC does not preclude a Member State from requiring a licence for such services from providers established in another Member State, even if they hold a licence in their home state, provided the licensing process is non-discriminatory and takes into account evidence and guarantees already provided in the state of establishment.

Court Disposition

Preliminary ruling issued; questions answered as set out in the judgment.

Orders

  • The expression 'services' in Article 60 EEC includes the provision of manpower as defined in Dutch law.
  • Article 59 EEC does not preclude a Member State from requiring a licence for manpower provision from a provider established in another Member State, even if licensed in the state of establishment, provided the process is non-discriminatory and takes into account evidence and guarantees already produced in the state...