Judgment of the Court (Third Chamber) of 3 December 2014 (request for a preliminary ruling from the Rechtbank van eerste aanleg te Mechelen — Belgium) — Criminal proceedings against Edgard Jan De Clercq and Others

(Case C-315/13) (1)

((Reference for a preliminary ruling - Freedom to provide services - Articles 56 TFEU and 57 TFEU - Directive 96/71/EC - Article 3(1) and (10) - Directive 2006/123/EC - Article 19 - National legislation requiring the person to whom posted employees or trainees are deployed to declare those who are unable to submit the acknowledgement of receipt of the declaration which should have been made to the host Member State by their employer established in another Member State - Criminal penalty))

(2015/C 046/12)

Language of the case: Dutch

Referring court

Rechtbank van eerste aanleg te Mechelen

Parties in the main proceedings

Edgard Jan De Clercq, Emiel Amede Rosa De Clercq, Nancy Genevieve Wilhelmina Rottiers, Ermelinda Jozef Martha Tampère, Thermotec NV

Operative part of the judgment

Articles 56 TFEU and 57 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which the recipient of services performed by workers posted by a service provider established in another Member State is required to declare to the competent authorities, before those workers begin to work, the data identifying those workers who are unable to submit proof of the declaration which their employer should have made to the competent authorities of that host Member State prior to the commencement of that provision of services, since such legislation is capable of being justified as safeguarding an overriding ground of public interest, such as the protection of workers or the combating of social security fraud, on condition that it is established that that legislation is appropriate for ensuring the attainment of the legitimate objective or objectives pursued and that it does not go beyond what is necessary to achieve them, these being matters for the referring court to determine.

(1)  OJ C 252, 31.8.2013.