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Document C2004/300/46
Judgment of the Court (First Chamber) of 21 October 2004 in Case C-445/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a State to fulfil obligations — Freedom to provide services — Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of non-member countries)
Judgment of the Court (First Chamber) of 21 October 2004 in Case C-445/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a State to fulfil obligations — Freedom to provide services — Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of non-member countries)
Judgment of the Court (First Chamber) of 21 October 2004 in Case C-445/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a State to fulfil obligations — Freedom to provide services — Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of non-member countries)
OJ C 300, 4.12.2004, p. 22–23
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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4.12.2004 |
EN |
Official Journal of the European Union |
C 300/22 |
JUDGMENT OF THE COURT
(First Chamber)
of 21 October 2004
in Case C-445/03: Commission of the European Communities v Grand Duchy of Luxembourg (1)
(Failure of a State to fulfil obligations - Freedom to provide services - Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of non-member countries)
(2004/C 300/46)
Language of the case: French
In Case C-445/03: Commission of the European Communities (Agents: M. Patakia) v Grand Duchy of Luxembourg (Agents: S. Schreiner, assisted by A. Rukavina) — action under Article 226 EC for failure to fulfil obligations, brought on 21 October 2003 — the Court (First Chamber), composed of: P. Jann, President of the Chamber, K. Lenaerts (Rapporteur), K. Schiemann, E. Juhász and M. Ilešič, Judges; Advocate General: D. Ruiz-Jarabo Colomer, Registrar: R. Grass, has given a judgment on 21 October 2004, in which it:
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1. |
Declares that, by imposing on service providers established in another Member State who wish to deploy in its territory workers who are nationals of non-member countries a requirement of individual work permits, the issuance of which is subject to considerations relating to the employment market, or a requirement of a collective work permit, which is granted only in exceptional cases and only when the workers concerned have, for at least six months prior to the deployment, been in a relationship with their undertaking of origin through a contract of employment of indefinite duration, and by requiring those service providers to provide a bank guarantee, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 49 EC; |
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2. |
Orders the Grand Duchy of Luxembourg to pay the costs. |