Keywords
Summary

Keywords

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Freedom to provide services ° Principle of non-discrimination ° Undertaking established in one Member State transferring employees who are nationals of non-member countries to another Member State for as long as necessary to carry out the work ° Application by the host Member State of its rules on access to employment for workers from non-member countries ° Not permissible with regard to workers lawfully employed in the Member State in which the employer is established

(EEC Treaty, Arts 59 and 60)

Summary

Articles 59 and 60 of the EEC Treaty must be interpreted as precluding a Member State from requiring undertakings which are established in another Member State and enter the first Member State in order to provide services, and which lawfully and habitually employ nationals of non-member countries, to obtain work permits for those workers from a national immigration authority and to pay the attendant costs, with the imposition of an administrative fine as the penalty for infringement.

The requirements of such a system are more onerous for undertakings established in another Member State than they are for providers of services established within the host State and go beyond what may be laid down as a precondition for the provision of services, with regard to workers who are nationals of a non-member country lawfully employed in the Member State in which the employer is established, where they have been issued with work permits, and who hold valid documents permitting them to remain in the Member State where services are to be provided for as long as necessary to carry out the work and who do not in any way seek access to the labour market in that second State, if they return to their country of origin or residence after completion of their work.