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Image header Agence Europe
Europe Daily Bulletin No. 10233
Contents Publication in full By article 33 / 37
GENERAL NEWS / (eu) eu/court of justice

Ruling on Belgian posted worker regulations

Brussels, 11/10/2010 (Agence Europe) - With its judgment in case C-505/08, the Court has ruled that Belgian regulations which require foreign employers wishing to post workers to Brussels to submit beforehand a statement of posting to the Belgian social law inspectorate to be contrary to Articles 56 and 57 (free movement of services) of the Treaty on the Functioning of the EU. This is so, insofar as the proposed posting can only begin once the Belgian authorities have delivered to the employer a registration number for the statement in question, this notification being sent within five working days of receipt of the said statement. The Court ruled, however, that the regulations at issue complied with the same Articles of the Treaty when, with regard to posted workers' remuneration, they require employers to make available to the Belgian authorities, during the period of posting, a copy of the documentation required by the national legislation to which the subject, equivalent to the documentation required by Belgium (individual, detailed account of salary). The Court was responding to a question put to it by the Antwerp Court of First Instance, which is hearing a criminal procedure against three Portuguese nationals, managers and officials of the company Tremiso Limitada, and against this same company for posting Portuguese workers to Belgium without complying with Belgian law. The Antwerp court asked the Court of Justice if the new rules putting in place a simplified system for posting workers (including the law of 5 March 2002 transposing the European directive on the posting of workers for the provision of services) did not, by its demands, prevent, or at least, hinder, the free movement of services in the EU. (F.G./transl.rt)

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