Belgium has not transposed the Directive on temporary intra-group transfers of personnel from non-Member States and is therefore facing financial sanctions, according to the Commission's decision taken on Thursday 25 July, which referred the matter to the Court of Justice of the European Union.
The Directive in question aims to facilitate the temporary posting of highly skilled employees (managers, experts and trainee employees) of multinational companies to subsidiaries located in the EU. Member States were required to transpose the Directive by 29 November 2016. The Commission, the institution recalls in a press release, had opened an infringement procedure in January 2017, but Belgium has still not communicated anything to the Commission.
The Commission is therefore asking the Court to apply financial penalties in the form of a lump sum of €4,088.25 per day “from the day following the deadline for transposition set by the Directive until the day on which Belgium is brought into conformity or until the date on which the judgment is delivered”. It also requests the application of a daily penalty payment of €36,794.25 “starting on the day of delivery of the first judgment until full compliance or delivery of the second judgment of the Court”. (Original version in French by Solenn Paulic)