Action brought on 22 May 2008 — Commission of the European Communities v Kingdom of Belgium

(Case C-219/08)

(2008/C 183/30)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: E. Traversa and J.-P. Keppenne, Agents)

Defendant: Kingdom of Belgium

Form of order sought

Pleas in law and main arguments

The Commission claims, in essence, that the requirements imposed by the defendant in the event that workers who are nationals of third countries are posted by providers of services established in a Member State other than Belgium restrict the free provision of services and at the same time discriminate against those providers in relation to their competitors established in Belgium.

By its first complaint, the Commission claims that the system of authorisation prior to the exercise of an economic activity represents a disproportionate obstacle to the free provision of services. That obstacle cannot moreover be justified by any reason of general interest, or by reference to the rules of the Schengen acquis.

By its second complaint, the applicant calls in question the disproportionate nature of the requirement that the residence permit issued in the Member State in which the employer is established must be valid three months beyond the end of the service provided.

By its third complaint, the Commission states that despite the positive legislative amendments effected by the defendant, the requirement that a worker must have been in the service of the same employer providing the services for at least six months represents an unjustified restriction on the free provision of services.