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 employed a small number of workers as security officers at a shopping mall in Belgium. ISA challenged the obligation to pay minimum wages as required by Belgian law.
Held: Since the thirteen workers enjoyed comparable overall protection in the home Member State and there was thus no obligation to pay the minimum wage: ‘ . . as regards more specifically national provisions relating to minimum wages such as those at issue in the main proceedings, it is clear from the case law of the court that community law does not preclude member states from extending their legislation or collective labour agreements entered into by both sides of industry, relating to minimum wages, to any person who is employed, even temporarily, within their territory, regardless of the country in which the employer is established.’
 EUECJ C-165/98, C-165/98,  ECR I-2159
Cited – International Transport Workers’ Federation and Another v Viking Line Abp and Another CA 3-Nov-2005
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2021; Ref: scu.162380