Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/07/2010

Subject: The Court says that articles 56 and 57 TFEU preclude national legislation requiring an employer, established in another Member State and posting workers to the territory of the first Member State, to send a prior declaration of posting, in so far as the employer must be notified of a registration number for the declaration before the planned posting may take place and the national authorities of that first State have a period of five working days from receipt of the declaration to issue that notification. On the contrary these articles do not preclude national legislation requiring an employer, established in another Member State and posting workers to the territory of the first Member State, to keep available to the national authorities of the latter, during the posting, copies of documents equivalent to the social or labour documents required under the law of the first Member State and also to send those copies to the authorities at the end of that period.

Parties: Santos Palhota e a.

Classification: Freedoms - Art. 15 Freedom to provide services

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