Europa Freedom to provide services – Temporary deployment of workers for performance of a contract – Directive 96/71/EC – Guaranteed minimum.
A French company, ISA provided security services in France and . .
In each case the applicant, a company based in Ireland had employed in its restaurants, Chinese nationals who were unlawfully present here. The company sought judicial review of the arrest of its employees. Held: ‘None of the claimants had any entitlement to rely on Article 49 and the posted workers cases because the third party … Continue reading Low and Others, Regina (on the Application of) v Secretary of State for the Home Department: Admn 21 Jan 2009
Reference for a preliminary ruling – Directive 96/71/EC – Posting of workers in the context of the provision of services – Drivers working in international transport – Concept of posting to the territory of a Member State – Concept of collective agreements declared universally applicable Citations: C-815/18, [2020] EUECJ C-815/18_O, ECLI:EU:C:2020:319, [2020] EUECJ C-815/18 Links: … Continue reading Federatie Nederlandse Vakbeweging (Opinion): ECJ 30 Apr 2020
An order had been made restraining the defendant trades unions from taking industrial action. The unions said the UK court had no jurisdiction. Held: ‘It is at first sight surprising that the English Commercial Court should be the forum in which a dispute between a Finnish company and a Finnish Trade Union and an international … Continue reading International Transport Workers’ Federation and Another v Viking Line Abp and Another: CA 3 Nov 2005
Freedom to provide services – Construction undertakings – Directive 96/71/EC – Posting of workers – Minimum wage Citations: C-164/99, [2002] EUECJ C-164/99, ECLI:EU:C:2002:40 Links: Bailii Jurisdiction: European Employment Updated: 21 June 2022; Ref: scu.167511
The applicant had been employed to provide services to RAF in the Ascension Islands. He alleged constructive dismissal. There was an issue as to whether somebody working in the Ascension Islands was protected by the 1996 Act. The restriction on jurisdiction in s196 had been removed. The question now was as to what test applied … Continue reading Serco Ltd v Lawson and Foreign and Commonwealth Office: CA 23 Jan 2004
Europa (Opinion) Freedom to provide services – Posting of workers – the 2003 Act of Accession – Transitional measures for the access of Polish nationals in the labor market states that are already members of the Union – Directive 96/71/EC – Article 1 – Requirement for a work permit for the provision of workers. Citations: … Continue reading PUH Vicoplus SC (C-307/09), BAM Vermeer Contracting sp. Zoo (C-308/09), Industrial Services Olbek sp. Zoo (C-309/09) v Minister van Sociale Zaken in Werkgelegenheid (Freedom To Provide Services) French Text: ECJ 9 Sep 2010
Accession of New Member States – Croatia – Opinion – Request for a preliminary ruling – Accession of new Member States – Croatia – Transitional measures – Free movement of workers – Articles 56 and 57 TFEU – Freedom to provide services – Directive 96/71/EC – Posting of workers – Scope – Posting of Croatian … Continue reading Danieli and C Officine Meccaniche and Others: ECJ 26 Apr 2018
Freedom to provide services – Posting of workers – 2003 Act of Accession – Transitional measures – Access of Polish nationals to the labour market of States which were already Member States of the European Union at the time of the accession of the Republic of Poland – Requirement of a work permit for the … Continue reading PUH Vicoplus SC (C-307/09), BAM Vermeer Contracting sp. Zoo (C-308/09), Industrial Services Olbek sp. Zoo (C-309/09) v Minister van Sociale Zaken in Werkgelegenheid: ECJ 10 Feb 2011
ECJ Reference for a preliminary ruling – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Articles 3, 5 and 6 – Workers of a company with its seat in Member State A, posted to carry out works in Member State B – Minimum wage provided for by the collective agreements of Member State … Continue reading Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 12 Feb 2015
ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Directive 96/71/EC – Article 3(1) – Directive 2004/18/EC – Article 26 – Public procurement – Postal services – Legislation of a regional entity of a Member State requiring tenderers and their subcontractors to undertake to … Continue reading Regiopost v Stadt Landau in der Pfalz: ECJ 17 Nov 2015
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Directive 96/71/EC – Article 1(3)( a) and (c) – Posting of workers – Hiring out of workers – Act of Accession of 2003 – Chapter 1, paragraphs 2 and 13 of Annexe X – Transitional measures – Access of Hungarian nationals … Continue reading Martin Meatkft v Geza Simonfay, Ulrich Salburg: ECJ 18 Jun 2015
ECJ Judgment – Reference for a preliminary ruling – Freedom to provide services – Articles 56 TFEU and 57 TFEU – Directive 96/71/EC – Article 3(1) and (10) – Directive 2006/123/EC – Article 19 – National legislation requiring the person to whom posted employees or trainees are deployed to declare those who are unable to … Continue reading De Clercq And Others: ECJ 3 Dec 2014
ECJ Advocate General’s Opinion – Freedom of movement for workers – Posted workers – Pay claims deriving from an employment relationship – Regulation (EC) No 593/2008 (Rome I Regulation) – Choice of law – Article 8 – Law applicable to individual employment contracts – Article 14 – Assignment of pay claims to a trade union … Continue reading Sahkoalojen Ammattiliitto ry v Elektrobudowa Spolka Akcyjna: ECJ 18 Sep 2014
ECJ Judgment – Reference for a preliminary ruling – Article 56 TFEU – Freedom to provide services – Restrictions – Directive 96/71/EC – Procedures for the award of public service contracts – National legislation requiring tenderers and their subcontractors to undertake to pay a minimum wage to staff performing the services relating to the public … Continue reading Bundesdruckerei GmbH v Stadt Dortmundc: ECJ 18 Sep 2014