Guillaume & Ors (Freedom to provide services) [2001] EUECJ C-165/98 (15 March 2001)

Guillaume & Ors (Freedom to provide services) [2001] EUECJ C-165/98 (15 March 2001)

Articles 59 and 60 EC Treaty do not preclude a Member State from requiring a service provider established in another Member State to pay workers the minimum remuneration fixed by the host State's rules, unless such application is disproportionate, particularly where workers are employed part-time and for brief periods in the host State and already enjoy equivalent overall protection in the home State.

Citation
[2001] EUECJ C-165/98
Parties
Defendant: Mr Mazzoleni; Defendant/civilly Liable Party: Inter Surveillance Assistance SARL (ISA); Civil Claimants: Mr Guillaume and four more of the 13 workers
Jurisdiction
European Union
Judgment Date
15 March 2001
Procedural Posture
Preliminary Ruling (ecj) From Criminal Proceedings / Reference for Preliminary Ruling From Tribunal Correctionnel D'arlon
Outcome
Preliminary ruling issued; national court to determine necessity and proportionality of applying Belgian minimum wage rules to ISA.
Legal Topics
Posting of Workers, Minimum Wage, Freedom to Provide Services, Public Interest Justification, Proportionality of National Measures
European Union Law Labour Law Criminal Law Posting of Workers Minimum Wage Freedom to Provide Services Public Interest Justification Proportionality of National Measures

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Parties

Mr Mazzoleni

Defendant

Inter Surveillance Assistance SARL (ISA)

Defendant/civilly Liable Party

Mr Guillaume and four more of the 13 workers

Civil Claimants

Procedural Posture

Preliminary Ruling (ecj) From Criminal Proceedings / Reference for Preliminary Ruling From Tribunal Correctionnel D'arlon

Legal Issues

  1. 1 Does Directive 96/71/EC apply to part-time, cross-border workers?
  2. 2 Do Articles 59 and 60 EC Treaty preclude a host Member State from requiring foreign service providers to comply with its minimum wage rules when comparable protection exists in the home State?

Ratio Decidendi

Articles 59 and 60 EC Treaty do not preclude a Member State from requiring a service provider established in another Member State to pay workers the minimum remuneration fixed by the host State's rules, unless such application is disproportionate, particularly where workers are employed part-time and for brief periods in the host State and already enjoy equivalent overall protection in the home State.

Court Disposition

Preliminary ruling issued; national court to determine necessity and proportionality of applying Belgian minimum wage rules to ISA.

Orders

  • Articles 59 and 60 EC Treaty do not preclude a Member State from requiring foreign service providers to pay minimum remuneration fixed by national rules, unless disproportionate in the circumstances.