Belgium: the posting of third country citizens as part of a provision of service is subject to conditions that are too restrictive

On June 27, the European Commission seized the court of justice against Belgium for the conditions imposed to community employers who, as part of transborder provision of service, want to post workers from third countries. The Commission thinks that conditions are contrary to the treaty's regulations in terms of free movement of services. (Ref. 070607)
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The commission denounced three conditions imposed by Belgian law to companies which post in Belgium workers from third countries as part of a provision of services:

  • Belgian authorities submit certain cases of posting of workers from third countries to prior controls whereas these workers perform an activity and are staying legally in another member State. The commission reminded that the court of justice judged that a control can only be made before workers are posted (CJEC, January 19, 2006, a
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