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61996J0369 European Court reports 1999 Page I-08453 1
Judgment of the Court
of 23 November 1999
Criminal proceedings against Jean-Claude Arblade and Arblade & Fils SARL (C-369/96) and
Bernard Leloup, Serge Leloup and Sofrage SARL (C-376/96).
References for a preliminary ruling: Tribunal correctionnel de Huy - Belgium.
Freedom to provide services - Temporary deployment of workers for the purposes of performing a
contract - Restrictions.
Joined cases C-369/96 and C-376/96.
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))
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.
© An extract from a JUSTIS database
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