Report 2011 - EFTA Court

Directive 96/71 and Article 7 of the Posting Act
175. The Commission points out that the obligation for a foreign
service provider to insure a worker posted to iceland for a period
of two continuous weeks or longer, against death, permanent
injury and the temporary loss of working capacity, unless the
worker has more advantageous insurance cover in the Member
State of establishment, does not as such feature among the
mandatory terms and conditions listed in Article 3(1)(a)–(g) of
the PWD.
176. The Commission considers it questionable whether the notion of
“health, safety and hygiene at work” in Article 3(1)(e) of the PWD
may be interpreted to cover a civil liability obligation, since the
provision in question has been understood, in its view, as referring
to the requirements laid down in Directive 89/391/EEC on the
introduction of measures to encourage improvements in the
safety and health of workers at work, as well as in the individual
directives covering areas listed in the annex to that framework
directive. 77
177. The Commission agrees with iceland that tort and insurance
law are, in principle, a matter of the EEA States’ competence.
However, the Commission submits that it is settled case-law
that Member States must exercise their national competence
consistently with EU law. 78
178. The Commission further submits that the ECJ held in Laval un
Partneri that the obligation to pay insurance premiums, inter alia,
for compensation for accidents at work and financial assistance
for survivors in the event of death of the worker is a matter not
specifically referred to in Article 3(1)(a)–(g) of the PWD. 79
179. The Commission argues that unlike the situation in Laval un
Partneri, the requirement for foreign service providers to pay
insurance premiums for workers posted to iceland has been
77 OJ 1989 L 183, p. 1.
78 Reference is made to Laval un Partneri, cited above, paragraph 87 and the case-law cited
therein.
79 ibid., paragraphs 83 and 22.
Case E-12/10 EFTA Surveillance xxxxxxxxxxxxxxxxxxxxxxxxx
Authority v iceland
Summary Report
CAse Case
e-12/10
e-xx/x
199