Santos Palhota and Others (Freedom to provide services) French Text [2010] EUECJ C-515/08 (05 May 2010)

Santos Palhota and Others (Freedom to provide services) French Text [2010] EUECJ C-515/08 (05 May 2010)

Articles 56 and 57 TFEU preclude national legislation that makes the posting of workers and commencement of services conditional on prior confirmation of a declaration within five days by labour inspection. They do not preclude requiring equivalent documents from the country of establishment, but do preclude retention of such documents after the posting ends and requiring host country documents for postings over six months.

Parties
Applicant: Termiso Limitada; Applicant: Vítor Manuel dos Santos Palhota; Applicant: Mário de Moura Gonçalves; Applicant: Fernando Luis das Neves Palhota; Respondent: Belgian State
Jurisdiction
European Union
Judgment Date
05 May 2010
Procedural Posture
Preliminary Reference / Opinion of Advocate General
Outcome
Opinion delivered; recommends partial incompatibility of Belgian law with EU law.
Legal Topics
Freedom to Provide Services, Posting of Workers, Directive 96/71/ec, Proportionality, Administrative Formalities
European Union Law Labour Law Social Law Freedom to Provide Services Posting of Workers Directive 96/71/ec Proportionality Administrative Formalities

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Parties

Termiso Limitada

Applicant

Vítor Manuel dos Santos Palhota

Applicant

Mário de Moura Gonçalves

Applicant

Fernando Luis das Neves Palhota

Applicant

Belgian State

Respondent

Procedural Posture

Preliminary Reference / Opinion of Advocate General

Legal Issues

  1. 1 Whether Belgian legislation requiring prior notification and retention of equivalent social documents for posted workers is compatible with Articles 56 and 57 TFEU and Directive 96/71/EC

Ratio Decidendi

Articles 56 and 57 TFEU preclude national legislation that makes the posting of workers and commencement of services conditional on prior confirmation of a declaration within five days by labour inspection. They do not preclude requiring equivalent documents from the country of establishment, but do preclude retention of such documents after the posting ends and requiring host country documents for postings over six months.

Court Disposition

Opinion delivered; recommends partial incompatibility of Belgian law with EU law.

Orders

  • Articles 56 and 57 TFEU oppose legislation requiring prior confirmation of declaration before posting.
  • Articles 56 and 57 TFEU do not oppose requiring equivalent documents from the country of establishment.