The Court of Justice of the European Communities has concluded that the German practice based on the checking of certain criteria, in advance of the posting, and restriction of posting to workers employed for less than a year by the provider established in another Member State, violated the provisions on the freedom to provide services. (Ref. 0654)
The posting of employed persons who are nationals of a non-member State is govemed in Germany by the Law on Aliens1. This law provides that foreigners intending to reside for more than three months on
German territory and to pursue paid employment there must be in possession of a specific residence visa. Thus, undertakings wishing to provide services in Germany must ensure that their workers from non-member States obtain a visa from the German diplomatic representation in the Member State...
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