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Case C-471/19: Request for a preliminary ruling from the Grondwettelijk Hof (Belgium) lodged on 20 June 2019 — Middlegate Europe NV v Ministerraad
ECLI:EU:UNKNOWN:62019CN0471
62019CN0471
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Valentina R., lawyer
14.10.2019
EN
Official Journal of the European Union
C 348/3
(Case C-471/19)
(2019/C 348/04)
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Middlegate Europe NV
Respondent: Ministerraad
Questions referred
1.Should Article 49 of the Treaty on the Functioning of the European Union, whether or not read in conjunction with Article 56 of that Treaty, with Articles 15 and 16 of the Charter of Fundamental Rights of the European Union and with the principle of equality, be interpreted as precluding national legislative provisions that oblige persons or undertakings which, in a Belgian port area, wish to engage in dock-work activities within the meaning of the wet van 8 juni 1972 betreffende de havenarbeid (Law of 8 June 1972 organising dock work) — including activities which, strictly speaking, are unrelated to the loading and unloading of ships — to have recourse solely to recognised dockers?
2.If the first question is answered in the affirmative, may the Grondwettelijk Hof provisionally maintain the effects of Articles 1 and 2 of the wet van 8 juni 1972 betreffende de havenarbeid in order to prevent legal uncertainty and social discontent and to enable the legislature to bring those provisions into line with the obligations arising from EU law?