Wolff & M�ller (Freedom to provide services) French Text [2004] EUECJ C-60/03 (12 October 2004)

Wolff & M�ller (Freedom to provide services) French Text [2004] EUECJ C-60/03 (12 October 2004)

Article 5 of Directive 96/71/EC, interpreted in light of Article 49 EC, does not preclude national rules making a general contractor jointly liable for subcontractor's minimum wage obligations to posted workers, even if worker protection is not the primary or sole objective, provided the measure is objectively...

Source-derived case information.

Citation
[2004] EUECJ C-60/03
Parties
Applicant: Wolff & Müller GmbH & Co. KG; Respondent: José Filipe Pereira Félix
Jurisdiction
European Union
Procedural Posture
Preliminary Reference / Judgment on Reference From Bundesarbeitsgericht (germany)
Outcome
Reference answered; national rule not precluded by EU law in circumstances described.
Legal Topics
Freedom to Provide Services, Posted Workers, Minimum Wage, Subcontractor Liability
European Union Law Labour Law Freedom to Provide Services Posted Workers Minimum Wage Subcontractor Liability

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Parties

Wolff & Müller GmbH & Co. KG

Applicant

José Filipe Pereira Félix

Respondent

Procedural Posture

Preliminary Reference / Judgment on Reference From Bundesarbeitsgericht (germany)

  1. 1 Whether Article 49 EC precludes national rules making a general contractor jointly liable for subcontractor's minimum wage obligations to posted workers, even if worker protection is not the primary objective.

Ratio Decidendi

Article 5 of Directive 96/71/EC, interpreted in light of Article 49 EC, does not preclude national rules making a general contractor jointly liable for subcontractor's minimum wage obligations to posted workers, even if worker protection is not the primary or sole objective, provided the measure is objectively suitable and proportionate for worker protection.

Court Disposition

Reference answered; national rule not precluded by EU law in circumstances described.

Orders

  • Article 5 of Directive 96/71/EC, interpreted in light of Article 49 EC, does not preclude national rules making a general contractor jointly liable for subcontractor's minimum wage obligations to posted workers, even if worker protection is not the primary or sole objective.