Austria : the European Court of Justice judges certain procedures relative to the expatriation of workers contrary to Community law

Practices contrary to Community law. The Court observed that the certificate delivered by the Austrian authorities pursued the legitimate purpose of avoiding  the abusive exploitation of workers from third countries. However, it contended, by requiring the systematic application of Austrian work conditions and terms of employment, such a procedure does not take account of the measures for protecting workers to which the company making the cross-border posting is bound in its home country, notably in respect of work conditions and remuneration. The systematic character of such procedures, inasmuch as it prevents case-by-case appraisal, does not respect  the jurisprudence of the Court established by the decisions Finalarte in 2001 and Portugaia Construçöes in 2002, according to which a national law may restrict the Community principle of freedom to provide service if it lays out a protection which posted workers do not enjoy otherwise ( by virtue of the legislation of the home country). The Court also considered that the requirement of a year of regular and stable employment in the company with a permanent contract is disproportionate to the guarantee of protection.
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

the principle of free service made by the Commission and the defence of the Austrian government justifying such practices for the imperative reason of worker protection. The decision followed the recommendations of the advocate general Léger in his conclusions ( v. our article n° 06176).

Practices contrary to Community law. The Court observed that the certificate delivered by the Austrian authorities pursued the legitimate purpose of avoiding the abusive exploitation of workers from third count

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
Portugal: open consultation on the transposition of the Pay Transparency Directive
The news. On 5 August 2026, the Portuguese government published a document proposing a draft text to transpose the EU Pay Transparency Directive as the basis for a public consultation open until...
EU: the Commission will set up an Expert Group on the impact of AI in the world of work
The news. On 22 July 2026, the European Commission published a progress report on the EU-27’s achievements regarding the objectives of the European Pillar of Social Rights, reinforced by the...
Belgium: toward an additional five days of leave following the birth of a child
The news. On 18 July, the Belgian federal government approved a draft bill introducing an additional five days of leave following the birth of a child. This entitlement would be added to existing...
Germany: a national action plan to strengthen collective bargaining
The news. On 22 July, the German federal government unveiled a national action plan to promote collective bargaining in response to the requirements of the EU minimum wage directive. The directive...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
EU: the Commission will set up an Expert Group on the impact of AI in the world of work
The news. On 22 July 2026, the European Commission published a progress report on the EU-27’s achievements regarding the objectives of the European Pillar of Social Rights, reinforced by the...