Master's Program 2004/2005 Technical and Fiscal Barriers ... - Lexnet

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61996J0369 European Court reports 1999 Page I-08453 2 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. In Joined Cases C-369/96 and C-376/96, REFERENCE to the Court under Article 177 of the EC Treaty (now Article 234 EC) by the Tribunal Correctionnel de Huy (Belgium) for a preliminary ruling in the criminal proceedings pending before that court against Jean-Claude Arblade, Arblade & Fils SARL, as the party civilly liable (C-369/96), and Bernard Leloup, Serge Leloup, Sofrage SARL, as the party civilly liable (C-376/96), on the interpretation of Articles 59 of the EC Treaty (now, after amendment, Article 49 EC) and 60 of the EC Treaty (now Article 50 EC), THE COURT, composed of: G.C. Rodríguez Iglesias, President, J.C. Moitinho de Almeida, D.A.O. Edward (Rapporteur), © An extract from a JUSTIS database 172
61996J0369 European Court reports 1999 Page I-08453 3 R. Schintgen (Presidents of Chambers), J.-P. Puissochet, G. Hirsch, P. Jann, H. Ragnemalm and M. Wathelet, Judges, Advocate General: D. Ruiz-Jarabo Colomer, Registrar: D. Louterman-Hubeau, Principal Administrator, after considering the written observations submitted on behalf of: - J.-C. Arblade and Arblade & Fils SARL (C-369/96) and B. and S. Leloup and Sofrage SARL (C-376/96), by D. Ketchedjian and E. Jakhian, respectively of the Paris and Brussels Bars, - the Belgian Government (C-369/96 and C-376/96), by J. Devadder, General Adviser in the Ministry of Foreign Affairs, External Trade and Development Aid, acting as Agent, assisted by B. van de Walle de Ghelcke, of the Brussels Bar, - the German Government (C-369/96 and C-376/96), by E. Röder, Ministerialrat in the Federal Ministry of Economic Affairs, and B. Kloke, Oberregierungsrat in that Ministry, acting as Agents, - the Austrian Government (C-369/96 and C-376/96), by M. Potacs, of the Federal Ministry of Foreign Affairs, acting as Agent, - the Finnish Government (C-369/96), by T. Pynnä, Legal Adviser in the Ministry of Foreign Affairs, acting as Agent, - the Commission of the European Communities (C-369/96 and C-376/96), by A. Caeiro, Legal Adviser, and M. Patakia, of its Legal Service, acting as Agents, having regard to the Report for the Hearing, after hearing the oral observations of J.-C. Arblade and Arblade &Fils SARL and B. and S. Leloup and Sofrage SARL, represented by D. Ketchedjian, of the Belgian Government, represented by B. van de Walle de Ghelcke, assisted by J.-C. Heirman, social inspector, acting as an expert, of the German Government, represented by E. Röder, of the Netherlands Government, represented by J.S. van den Oosterkamp, Assistant Legal Adviser in the Ministry of Foreign Affairs, acting as Agent, of the Finnish Government, represented by T. Pynnä, of the United Kingdom Government, represented by J.E. Collins, Assistant Treasury Solicitor, acting as Agent, assisted by D. Wyatt QC, and of the Commission, represented by A. Caeiro and M. Patakia, at the hearing on 19 May 1998, after hearing the Opinion of the Advocate General at the sitting on 25 June 1998, gives the following Judgment Costs 81 The costs incurred by the Belgian, German, Netherlands, Austrian, Finnish and United Kingdom Governments and by the Commission, which have submitted observations to the Court, are not recoverable. Since these proceedings are, for the parties to the main proceedings, a step in the proceedings pending before the national court, the decision on costs is a matter for that court. On those grounds, THE COURT, in answer to the questions referred to it by the Tribunal Correctionnel de Huy by two judgments of 29 October 1996, hereby rules: © An extract from a JUSTIS database 173
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