According to the court of justice, the obligation, imposed by the German regulation to foreign service providers, to translate certain social documents and keep them, is certainly a violation of the free provision of services, but it is justified by the aim to protect workers. On the other hand, such is not the case for the obligation weighing on foreign temporary work agencies to declare everywhere posted workers go. This measure is discriminatory and contrary to European law. (Ref. 070645)
Whereas the European Commission decided to fight against excessive charges imposed on service providers within the framework of transborder postings (see our dispatch n° 070526,) the Court of Justice, over its decisions, sorted through administrative measures which can represent an obstruction to the free provision of services and those which are justified by the aim of protecting posted workers.
Obstructions to the free provision of services. Seized by the European Commission as part of a motio
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