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Case C-71/20: Judgment of the Court (Fourth Chamber) of 8 July 2021 (request for a preliminary ruling from the Østre Landsret — Denmark) — Criminal proceedings against VAS Shipping ApS (Reference for a preliminary ruling — Articles 49 and 54 TFEU — Freedom of establishment — National legislation requiring third-country nationals employed on a vessel flying the flag of a Member State to hold a work permit in that Member State — Exemption covering vessels that call at the Member State’s port no more than 25 times in a one-year period — Restriction — Article 79(5) TFEU — National legislation aimed at fixing the volumes of admission of third-country nationals coming from third countries to the territory of the Member State concerned in order to seek work, whether employed or self-employed)
ECLI:EU:UNKNOWN:62020CA0071
62020CA0071
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23.8.2021
Official Journal of the European Union
C 338/5
(Case C-71/20)
(Reference for a preliminary ruling - Articles 49 and 54 TFEU - Freedom of establishment - National legislation requiring third-country nationals employed on a vessel flying the flag of a Member State to hold a work permit in that Member State - Exemption covering vessels that call at the Member State’s port no more than 25 times in a one-year period - Restriction - Article 79(5) TFEU - National legislation aimed at fixing the volumes of admission of third-country nationals coming from third countries to the territory of the Member State concerned in order to seek work, whether employed or self-employed)
(2021/C 338/06)
Language of the case: Danish
Referring court
Party in the main criminal proceedings
Operative part of the judgment
Article 49 TFEU, read in the light of Article 79(5) TFEU, must be interpreted as not precluding legislation of a first Member State which provides that crew members, who are third-country nationals, of a vessel flying the flag of that Member State and owned, directly or indirectly, by a company with its head office in a second Member State must hold a work permit in that first Member State, unless the vessel concerned has made no more than 25 calls to ports in the first Member State in one year
(1)
OJ C 137, 27.4.2020.