In her opinion rendered on September 13, the general advocate Verica Trstenjak asked the Court to note that Luxembourg legislation, which imposes on foreign service providers to apply all public order rules as well as the obligation to keep social documents available and to have a representative present on the host country is contrary to European law because it hinders the free provision of services. (Ref. 070759)
Restraint to the free provision of services or obstruction justified by the aim to protect workers ? The Court of Justice of the European Communities (CJEC) was once again asked to speak out, as part of a infrigement procedure, on a national legislation about transborder posting of workers. The European Commission, which filed the action, pointed several dispositions in the Luxembourg’s legislation liable to represent an obstruction to the free provision of services.
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