This document is an excerpt from the EUR-Lex website
Document 62019CA0407
Joined Cases C-407/19 and C-471/19: Judgment of the Court (Fourth Chamber) of 11 February 2021 (requests for a preliminary ruling from the Raad van State, Grondwettelijk Hof — Belgium) — Katoen Natie Bulk Terminals NV, General Services Antwerp NV (C-407/19), Middlegate Europe NV (C-471/19) v Belgische Staat (C-407/19), Ministerraad (C-471/19) (Reference for a preliminary ruling — Article 45 TFEU — Freedom of movement for workers — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Carrying out of port activities — Dockers — Access to the profession and recruitment — Arrangements for the recognition of dockers — Dockers not part of the quota of workers provided for in national legislation — Limitation of the duration of the work contract — Mobility of dockers between different port areas — Workers carrying out logistical work — Safety certificate — Overriding reasons in the public interest — Safety in port areas — Protection of workers — Proportionality)
Joined Cases C-407/19 and C-471/19: Judgment of the Court (Fourth Chamber) of 11 February 2021 (requests for a preliminary ruling from the Raad van State, Grondwettelijk Hof — Belgium) — Katoen Natie Bulk Terminals NV, General Services Antwerp NV (C-407/19), Middlegate Europe NV (C-471/19) v Belgische Staat (C-407/19), Ministerraad (C-471/19) (Reference for a preliminary ruling — Article 45 TFEU — Freedom of movement for workers — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Carrying out of port activities — Dockers — Access to the profession and recruitment — Arrangements for the recognition of dockers — Dockers not part of the quota of workers provided for in national legislation — Limitation of the duration of the work contract — Mobility of dockers between different port areas — Workers carrying out logistical work — Safety certificate — Overriding reasons in the public interest — Safety in port areas — Protection of workers — Proportionality)
Joined Cases C-407/19 and C-471/19: Judgment of the Court (Fourth Chamber) of 11 February 2021 (requests for a preliminary ruling from the Raad van State, Grondwettelijk Hof — Belgium) — Katoen Natie Bulk Terminals NV, General Services Antwerp NV (C-407/19), Middlegate Europe NV (C-471/19) v Belgische Staat (C-407/19), Ministerraad (C-471/19) (Reference for a preliminary ruling — Article 45 TFEU — Freedom of movement for workers — Article 49 TFEU — Freedom of establishment — Article 56 TFEU — Freedom to provide services — Carrying out of port activities — Dockers — Access to the profession and recruitment — Arrangements for the recognition of dockers — Dockers not part of the quota of workers provided for in national legislation — Limitation of the duration of the work contract — Mobility of dockers between different port areas — Workers carrying out logistical work — Safety certificate — Overriding reasons in the public interest — Safety in port areas — Protection of workers — Proportionality)
OJ C 128, 12.4.2021, p. 3–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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12.4.2021 |
EN |
Official Journal of the European Union |
C 128/3 |
Judgment of the Court (Fourth Chamber) of 11 February 2021 (requests for a preliminary ruling from the Raad van State, Grondwettelijk Hof — Belgium) — Katoen Natie Bulk Terminals NV, General Services Antwerp NV (C-407/19), Middlegate Europe NV (C-471/19) v Belgische Staat (C-407/19), Ministerraad (C-471/19)
(Joined Cases C-407/19 and C-471/19) (1)
(Reference for a preliminary ruling - Article 45 TFEU - Freedom of movement for workers - Article 49 TFEU - Freedom of establishment - Article 56 TFEU - Freedom to provide services - Carrying out of port activities - Dockers - Access to the profession and recruitment - Arrangements for the recognition of dockers - Dockers not part of the quota of workers provided for in national legislation - Limitation of the duration of the work contract - Mobility of dockers between different port areas - Workers carrying out logistical work - Safety certificate - Overriding reasons in the public interest - Safety in port areas - Protection of workers - Proportionality)
(2021/C 128/04)
Language of the case: Dutch
Referring courts
Raad van State, Grondwettelijk Hof
Parties to the main proceedings
Applicants: Katoen Natie Bulk Terminals NV, General Services Antwerp NV (C-407/19), Middlegate Europe NV (C-471/19)
Defendants: Belgische Staat (C-407/19), Ministerraad (C-471/19)
Interested parties: Katoen Natie Bulk Terminals NV, General Services Antwerp NV, Koninklijk Verbond der Beheerders van Goederenstromen (KVBG) CVBA, MVH Logistics en Stuwadoring BV
Operative part of the judgment
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1. |
Articles 49 and 56 TFEU must be interpreted as not precluding national legislation which obliges persons or undertakings wishing to carry out port activities in a port area — including activities which, strictly speaking, are unrelated to the loading and unloading of ships — to have recourse only to dockers recognised as such in accordance with the conditions and arrangements laid down pursuant to that legislation, provided that those conditions and arrangements, first, are based on objective, non-discriminatory criteria known in advance and allow dockers from other Member States to prove that they satisfy, in their State of origin, requirements equivalent to those applied to national dockers and, second, do not establish a limited quota of workers eligible for such recognition. |
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2. |
Articles 45, 49 and 56 TFEU must be interpreted as precluding national legislation under which:
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3. |
Articles 45, 49 and 56 TFEU must be interpreted as not precluding national legislation under which, unless he or she can show that he or she satisfies equivalent conditions in another Member State, a worker must, in order to be recognised as a docker:
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4. |
Articles 45, 49 and 56 TFEU must be interpreted as not precluding national legislation under which dockers, recognised as such in accordance with the statutory regime that was applicable to them before the entry into force of that legislation, retain, pursuant to that legislation, the status of recognised docker and are included in the quota of dockers provided for in that legislation. |
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5. |
Articles 45, 49 and 56 TFEU must be interpreted as not precluding national legislation which provides that the transfer of a docker to the quota of workers of a port area other than that in which he or she obtained his or her recognition is subject to conditions and arrangements laid down by a collective labour agreement, provided that those conditions and arrangements prove necessary and proportionate to the objective of ensuring safety in each port area, which is for the national court to determine. |
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6. |
Articles 45, 49 and 56 TFEU must be interpreted as not precluding national legislation which provides that logistics workers must hold a ‘safety certificate’, issued on presentation of their identity card and employment contract and whose issuance modalities and obtainment procedure are fixed by a collective labour agreement, provided that the conditions for the issue of such a certificate are necessary and proportionate to the objective of ensuring safety in port areas and the procedure prescribed for its obtainment does not impose unreasonable and disproportionate administrative burdens. |