Keywords
Summary

Keywords

1 Freedom to provide services - Restrictions - Whether undertakings in the construction sector supplying a service may be required to pay minimum remuneration fixed by collective agreement applicable in the host Member State - Conditions

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

2 Freedom to provide services - Restrictions - Whether undertakings in the construction sector supplying a service may be required to pay employers' contributions at the same time as comparable contributions in the place of establishment - Not permissible

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

3 Freedom to provide services - Restrictions - Whether undertakings in the construction sector supplying a service may be required to draw up social or labour documents at the same time as comparable documents held in the place of establishment - Not permissible

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

4 Freedom to provide services - Restrictions - Whether undertakings in the construction sector supplying a service may be required to keep social and labour documents available in the territory of the host Member State - Conditions

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

5 Freedom to provide services - Restrictions - Whether undertakings in the construction sector supplying a service may be required to retain, after termination of activities in the host Member State, social documents at the address within that Member State of a natural person - Not permissible

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

Summary

1 Articles 59 of the Treaty (now, after amendment, Article 49 EC) and 60 of the Treaty (now Article 50 EC) do not preclude a Member State from requiring an undertaking established in another Member State, operating in the construction sector and temporarily carrying out work in the first State, to pay the workers deployed by it the minimum remuneration fixed by the collective labour agreement applicable in the first Member State, provided that the provisions in question are sufficiently precise and accessible, and that they do not render it impossible or excessively difficult in practice for such an employer to determine the obligations with which he is required to comply.

2 Articles 59 of the Treaty (now, after amendment, Article 49 EC) and 60 of the Treaty (now Article 50 EC) preclude a Member State from requiring - even by way of public-order legislation - an undertaking established in another Member State, operating in the construction sector and temporarily carrying out work in the first State, to pay, in respect of each worker deployed, employers' contributions to schemes such as the `timbres-intempéries' and `timbres-fidélité' schemes, and to issue to each of such workers an individual record, where the undertaking in question is already subject, in the Member State in which it is established, to obligations which are essentially comparable, as regards their objective of safeguarding the interests of workers, and which relate to the same workers and the same periods of activity.

3 Articles 59 of the Treaty (now, after amendment, Article 49 EC) and 60 of the Treaty (now Article 50 EC) preclude a Member State from requiring - even by way of public-order legislation - an undertaking established in another Member State, operating in the construction sector and temporarily carrying out work in the first State, to draw up social or labour documents such as labour rules, a special staff register and an individual account for each worker in the form prescribed by the rules of the first State, where the social protection of workers which may justify those requirements is already safeguarded by the production of social and labour documents kept by the undertaking in question in accordance with the rules applying in the Member State in which it is established.

That is the position where, as regards the keeping of social and labour documents, the undertaking is already subject, in the Member State in which it is established, to obligations which are comparable, as regards their objective of safeguarding the interests of workers, to those imposed by the legislation of the host Member State, and which relate to the same workers and the same periods of activity.

4 Articles 59 of the Treaty (now, after amendment, Article 49 EC) and 60 of the Treaty (now Article 50 EC) do not preclude a Member State from requiring an undertaking established in another Member State, operating in the construction sector and temporarily carrying out work in the first State, to keep social and labour documents available, throughout the period of activity within the territory of the first Member State, on site or in an accessible and clearly identified place within the territory of that State, where such a measure is necessary in order to enable it effectively to monitor compliance with legislation of that State which is justified by the need to safeguard the social protection of workers.

5 Articles 59 of the Treaty (now, after amendment, Article 49 EC) and 60 of the Treaty (now Article 50 EC) preclude a Member State from requiring - even by way of public-order legislation - an undertaking established in another Member State, operating in the construction sector and temporarily carrying out work in the first State, to retain, for a period of five years after the undertaking in question has ceased to employ workers in the first Member State, social documents such as a staff register and individual accounts, at the address within that Member State of a natural person who holds those documents as an agent or servant. Such requirements cannot be justified, since the monitoring of compliance with rules concerning the social protection of workers in the construction industry can be achieved by less restrictive measures.