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  • BGH, January 18, 2000 - KVR 23/98

    Requests for submission of tariff compliance declarations for road construction contracts are not ...

    It is recognized that Article 49 EC does not prevent the Member States from extending the collective agreements of the social partners on minimum wages, irrespective of the country in which the employer is based, to all persons who, even if only temporarily, have a engage in gainful employment (ECJ, ruling of March 27, 1990 - C-113/89, 1990 ECR I-1417, 1445 item 18 = EuZW 1990, 256 - Rush Portuguesa; ... judgment of. August 9, 1994 - C-43/93, Coll. 1994, I-3803, 3826 Item 23 = EuZW 1994, 600 - Vander Elst).
  • ECJ, January 19, 2006 - C-244/04

    THE WORK VISA REGULATION THAT GERMANY APPLIES TO NATIONALS OF THIRD COUNTRIES ...

    In paragraph 17 of the judgment of 27 March 1990 in the case C-113/89 (Rush Portuguesa, 1990 ECR I-1417), however, the Court of Justice has also ruled that these controls must respect the limits set by Community law and must not make the freedom to provide services illusory.

    40 The Court of Justice has already ruled that a Member State may control whether a company established in another Member State and posting workers who are nationals of a third country to it does not use the freedom to provide services for a purpose other than providing the service in question uses (judgments Rush Portuguesa, Para. 17 and Commission v Luxembourg, para. 39).

    59 Furthermore, with regard to safeguarding the rights of the Member States with regard to access to their labor market, it should be remembered that posted workers do not require access to the labor market of the host Member State (see judgments Rush Portuguesa, Para. 15, Vander Elst, para. 21, Finalarte and Others, para. 22 and Commission v Luxembourg, para. 38).

  • ECJ, October 25, 2001 - C-49/98

    A MEMBER STATE MAY UNDER CERTAIN CONDITIONS A COMPANY OF ...

    In this regard, the Court found that employees who are employed by a company established in one Member State and who are temporarily posted to the provision of a service in another Member State do not require access to the labor market in that second or return to the country of residence (see judgments of March 27, 1990 in the case C-113/89, Rush Portuguesa, 1990 ECR I-1417, Para. 15 and of 9 August 1994 in Case C-43/93, Vander Elst, 1994 ECR I-3803, para. 21).
  • ECJ, 02/10/2011 - C-307/09

    Vicoplus

    From the judgments of March 27, 1990, Rush Portuguesa (C-113/89, 1990 ECR I-1417), dated August 9, 1994, Vander Elst (C-43/93, Coll. 1994, I-3803), dated October 21, 2004, Commission / Luxembourg (C-445/03, Coll. 2004, I-10191) , of January 19, 2006, Commission / Germany (C-244/04, ECR 2006, I-885) and of September 21, 2006, Commission / Austria (C-168/04, ECR 2006, I-9041) , however, it appears that such a restriction, inter alia can be justified with the general interest objective of protecting the national labor market, in particular against circumventing restrictions on the free movement of workers.

    In this regard, the referring court explains that the maintenance of this obligation to obtain an employment permit has a particular effect on the judgment Rush Portuguesa is based, but points out that the Court of Justice has not 16 of that judgment did not take over into the later judgments.

    This conclusion is also necessary in view of the objective of the provision in question, which is to prevent disruptions to the labor market in the old Member States following the accession of new Member States as a result of the immediate substantial immigration of workers who are nationals of the new Member States ( see, to that effect, judgments of 27 September 1989, Lopes da Veiga, 9/88, ECR 1989, 2989, paragraph 10, and Rush Portuguesa, Para. 13).

    The conclusion in para. 33 of the present judgment is otherwise in line with what the Court of Justice said in the judgment Rush Portuguesa on Article 216 of the Act on the Conditions of Accession of the Kingdom of Spain and the Portuguese Republic and the Adjustments to the Treaties (… OJ 1985, L 302, p. 23).

    Second, a distinction must be made between the temporary relocation of workers who are posted to another Member State in order to carry out work there in the context of the services of their employer (cf. in this sense the judgment Rush Portuguesa, Para. 15), whereby a change of location for this purpose also falls under Article 1 (3) (a) of Directive 96/71.

    This is because an employee who is posted to perform work in the context of services provided by his employer within the meaning of Article 1 (3) (a) of Directive 96/71 generally returns to his country of origin after this service has been provided (cf. . in this sense judgments Rush Portuguesa, Para. 15 and Vander Elst, para. 21), but a posted worker within the meaning of Article 1 (3) (c) of this Directive can also leave the host Member State and return to his home Member State after he has finished working for the company using it.

  • ECJ, October 21, 2003 - C-317/01

    BECOMED BY TURKISH DRIVERS OF TRUCKS APPROVED IN GERMANY THAT THE ROUTE ...

    According to settled case law, a restriction of the principle of freedom to provide services enshrined in Article 59 of the EC Treaty (now, after amendment, Article 49 EC) constitutes a national regulation if the domestic provision of services by a company established in another Member State is restricted by the The granting of an official permit such as a work permit is conditional (see judgments of March 27, 1990 in the case C-113/89, Rush Portuguesa, 1990 ECR I-1417, Para. 12, of 25 July 1991 in Case C-76/90, Säger, ECR 1991, ECR I-4221, para. 14, of 9 August 1994 in Case C-43/93, Vander Elst, 1994 ECR I-3803, para. 15, and of 9 March 2000 in Case C-355/98 Commission v Belgium, ECR 2000, ECR I-1221, para. 35).

    In addition, it does not appear to be a suitable measure for workers who are employed by a company located in a third country and who are temporarily posted to provide a service to another Member State, but who do not seek access to the labor market of that country, since they, after fulfilling their Task to return to their home country or country of residence, to request the possession of a work permit that is supposed to regulate the access of foreign workers to the national labor market (cf. with regard to Article 59 of the EC Treaty judgments Rush Portuguesa, Para. 15 and Vander Elst, para. 21).

  • BFH, October 21, 2010 - III R 5/09

    CJEU submission on the entitlement to child benefit of Polish nationals who are ...

    In contrast to domestic workers who are not only temporarily employed, posted workers do not require access to the labor market of the state to which they are posted, as they return to their country of origin or place of residence after completing their duties (see ECJ rulings of March 27, 1990, C-113/89, Rush Portuguesa, 1990 ECR I-1417 15 and from August 9, 1994 C-43/93, Vander Elst, Coll. 1994, I-3803 Rz 21).
  • ECJ, 09/11/2014 - C-91/13

    Essent Energie Productie - EEC-Turkey Association Agreement - Art. 41 Para. 1 of ...

    In that regard, it should be noted that the concern to prevent disruptions in the labor market is certainly an overriding reason in the general interest, but workers who are employed by a company established in one Member State and posted to provide a service in another Member State do do not require access to the labor market of this second country, as they return to their country of origin or place of residence after completing their duties (see rulings in Rush Portuguesa, C-113/89, EU: C: 1990: 142, Rn. 15, Commission / Luxembourg, EU: C: 2004: 655, Rn. 38, and Commission / Austria, EU: C: 2006: 595, Rn. 55).

    A Member State may, however, check whether a company based in another Member State and posting workers from a third country does not use the free movement of services for a purpose other than providing the service in question (see rulings in Rush Portuguesa, EU: C: 1990: 142, Rn. 17, Commission / Luxembourg, EU: C: 2004: 655, Rn. 39, and Commission / Austria, EU: C: 2006: 595, Rn. 56).

    In such controls, however, the limits drawn by Union law must be observed, as they result in particular from the principle of the free movement of services, which must not be made illusory and the exercise of which must not be subject to the discretion of the administration (see rulings Rush Portuguesa, EU: C: 1990: 142, Rn. 17, Commission / Germany, EU: C: 2006: 49, Rn. 36, and Commission / Luxembourg, EU: C: 2004: 655, Rn. 40).

  • ECJ, October 21, 2004 - C-445/03

    Commission / Luxembourg

  • ECJ, July 25, 1991 - C-288/89

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    B.A.M. Vermeer Contracting - Freedom to provide services - Posting of ...

  • BSG, June 20, 2001 - B 11 AL 89/00 R

    Application for a preliminary ruling by the ECJ: work permit or ...

  • ECJ, July 18, 2007 - C-490/04

    Commission v Germany - Infringement proceedings - Admissibility - Art. 49 ...

  • Advocate General at the ECJ, July 13, 2000 - C-49/98

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  • Advocate General at the ECJ, 23.05.2007 - C-341/05

    ACCORDING TO ADVOCATE GENERAL MENGOZZI, UNIONS CAN THROUGH COLLECTIVES ...

  • Advocate General at the ECJ, July 15, 2004 - C-445/03

    Commission / Luxembourg

  • BFH, 08/18/2020 - VII R 34/18

    Transfer of inspection powers under the MiLoG to the customs administration - ...

  • ECJ, 09/21/2006 - C-168/04

    Commission v Austria - Failure of a Member State to fulfill obligations - Article 49 EC ...

  • Advocate General at the ECJ, July 13, 2000 - C-70/98

    Portugaia Construções

  • Advocate General at the ECJ, July 13, 2000 - C-53/98

    Tecnamb-Tecnologia do Ambiente

  • Advocate General at the ECJ, July 13, 2000 - C-69/98

    Santos & Kewitz Construções

  • BSG, December 19, 2001 - B 11 AL 90/00 R

    Application for a preliminary ruling by the ECJ - work permit or ...

  • Advocate General at the ECJ, April 26, 2018 - C-18/17

    Danieli & C. Officine Meccaniche and others - Reference for a preliminary ruling - Accession ...

  • BFH, 08/18/2020 - VII R 12/19

    Partly with the same content as the BFH judgment of August 18, 2020 VII R 34/18 - Transfer ...

  • BSG, May 7th, 2019 - B 11 AL 11/18 R

    Promotion of year-round employment - entitlement to seasonal short-time work allowance ...

  • VG Potsdam, November 2nd, 2020 - 8 L 660/20
  • BSG, 06.03.2003 - B 11 AL 27/02 R

    Posting of workers - cross-border temporary employment - scope ...

  • ECJ, March 28, 1996 - C-272/94

    Criminal proceedings against Guiot

  • Advocate General at the ECJ, September 18, 2014 - C-396/13

    Sähköalojen ammattiliitto

  • ECJ, October 25, 2001 - C-493/99

    Commission / Germany

  • BFH, 08/18/2020 - VII R 35/18

    Transfer of inspection powers under the MiLoG to the customs administration - ...

  • ECJ, July 25, 1991 - C-353/89

    Commission / Netherlands

  • ECJ, 10/17/2002 - C-79/01

    Payroll et al.

  • ECJ, November 23, 1999 - C-376/96

    Arblade - Free movement of services

  • OVG Berlin-Brandenburg, November 9, 2018 - 6 B 7.18

    Issuance of a Vander Elst visa

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    Application for a preliminary ruling by the ECJ: work permit or ...

  • Advocate General at the ECJ, July 29, 2019 - C-16/18

    Dobersberger - Submission for a preliminary ruling - Provision of catering services ...

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    Advocate General Campos Sánchez-Bordona proposes that the Court of Justice ...

  • Advocate General at the ECJ, 05.05.2010 - C-515/08

    dos Santos Palhota and others - Freedom to provide services - Articles 56 and 57 TFEU - ...

  • Advocate General at the ECJ, January 15, 2015 - C-586/13

    Martin Meat - Freedom to provide services - Posting of workers - ...

  • Advocate General at the ECJ, May 18, 2000 - C-157/99

    ADVOCATE GENERAL RUIZ-JARABO PROPOSES TO THE COURT OF JUSTICE THAT THE REQUIREMENT OF ...

  • Advocate General at the ECJ, December 14, 2006 - C-490/04

    Commission v Germany - infringement proceedings - admissibility - standards ...

  • VG Munich, 07/27/2010 - M 10 K 09.3655

    Expulsion; permit-free residence due to freedom to provide services; ...

  • Advocate General at the ECJ, May 13, 2003 - C-317/01

    IN THE VIEW OF THE ADVOCATE GENERAL GERMANY WAS AUTHORIZED TO ADOPT A REGULATION ...

  • LSG Bavaria, 02/14/2002 - L 10 AL 147/01

    Admissibility of negative declaratory action; Possibility of regulatory ...

  • Advocate General at the ECJ, 29.09.1999 - C-165/98

    Mazzoleni and ISA

  • Advocate General at the ECJ, April 6, 2006 - C-433/04

    Commission v Belgium - Freedom to provide services - Not in Belgium ...

  • Advocate General at the ECJ, 13.09.2007 - C-319/06

    Commission / Luxembourg - Failure of a Member State to fulfill obligations - Art. 226 EC -…

  • Advocate General at the ECJ, June 25, 1998 - C-369/96

    Arblade

  • Advocate General at the ECJ, 11.06.1991 - C-159/90

    The Society for the Protection of Unborn Children Ireland Ltd v Stephen ...

  • Advocate General at the ECJ, May 8, 2014 - C-91/13

    Essent energy productie

  • Advocate General at the ECJ, 15.09.2005 - C-244/04

    Commission v Germany - Failure of a Member State to fulfill obligations - Article 49 ...

  • Advocate General at the ECJ, 14.09.2000 - C-63/99

    Gloszczuk

  • Advocate General at the ECJ, 04.12.1997 - C-350/96

    Clean Car Autoservice GesmbH against Governor of Vienna. - Free movement of ...

  • Advocate General at the ECJ, November 28, 1990 - C-340/89

    Irène Vlassopoulou against Ministry of Justice, Federal and ...

  • Advocate General at the ECJ, 07/19/2012 - C-577/10

    Commission v Belgium - Failure of a Member State to fulfill obligations - Art. 56 TFEU -…

  • Advocate General at the ECJ, July 9, 1998 - C-233/97

    KappAhl Oy - new states join

  • Advocate General at the ECJ, 04.03.1997 - C-398/95

    Syndesmos ton en Elladi Touristikon kai Taxidiotikon Grafeion against Ypourgos…

  • OVG Schleswig-Holstein, 27.09.2016 - 4 LA 78/16

    Expulsion

  • ECJ, October 25, 2001 - C-70/98

    Portugaia Construções

  • Advocate General at the ECJ, 01.06.1994 - C-43/93

    Raymond Vander Elst against Office des migrations internationales. - Free ...

  • ECJ, 25.10.2001 - C-69/98

    Santos & Kewitz Construções

  • ECJ, October 25, 2001 - C-53/98

    Tecnamb-Tecnologia do Ambiente

  • Advocate General at the ECJ, May 3, 2001 - C-164/99

    Portugaia Construções

  • Advocate General at the ECJ, 14.09.2000 - C-235/99

    Kondova

  • Advocate General at the ECJ, 26.09.2000 - C-257/99

    Barkoci and Malik

  • VG Munich, 07/27/2010 - M 10 K 09.4571

    Expulsion; permit-free residence due to freedom to provide services; ...

  • Advocate General at the ECJ, 05.12.1990 - C-154/89

    Commission of the European Communities v French Republic. - ...

  • Advocate General at the ECJ, June 25, 1998 - C-376/96

    Leloup et al.

  • Advocate General at the ECJ, October 26, 1995 - C-272/94

    Criminal proceedings against Michel Guiot and Climatec SA, as civilly liable ...

  • VG Berlin, May 23, 2016 - 12 L 167.16

    Issuance of a national visa within the scope of the freedom to provide services; ...