Keywords
Summary

Keywords

Freedom to provide services Restrictions Whether undertakings supplying a service may be required to pay minimum remuneration fixed by the national rules of the host Member State Permissible Conditions

(EC Treaty, Arts 59 (now, after amendment, Art. 49 EC) and 60 (now Art. 50 EC))

Summary

$$Article 59 of the Treaty (now, after amendment, Article 49 EC) and Article 60 of the Treaty (now Article 50 EC) do not preclude a Member State from requiring an undertaking established in another Member State which provides services in the territory of the first State to pay its workers the minimum remuneration fixed by the national rules of that State. The application of such rules might, however, prove to be disproportionate where the workers involved are employees of an undertaking established in a frontier region who are required to carry out, on a part-time basis and for brief periods, a part of their work in the territory of one, or even several, Member States other than that in which the undertaking is established. It is consequently for the competent authorities of the host Member State to establish whether, and if so to what extent, application of national rules imposing a minimum wage on such an undertaking is necessary and proportionate in order to ensure the protection of the workers concerned.

( see para. 41 and operative part )