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Case C-33/17: Judgment of the Court (Grand Chamber) of 13 November 2018 (request for a preliminary ruling from the Bezirksgericht Bleiburg/Okrajno Sodišče Pliberk — Austria) — Čepelnik d.o.o. v Michael Vavti (Reference for a preliminary ruling — Article 56 TFEU — Freedom to provide services — Restrictions — Services in the internal market — Directive 2006/123/EC — Labour law — Posting of workers in order to carry out construction works — Reporting of workers — Retention and translation of payslips — Suspension of payments — Payment of a security by the recipient of the services — Surety for a possible fine to be imposed on the service provider)
ECLI:EU:UNKNOWN:62017CA0033
62017CA0033
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Valentina R., lawyer
14.1.2019
Official Journal of the European Union
C 16/7
(Case C-33/17) (<span class="super note-tag">1</span>)
((Reference for a preliminary ruling - Article 56 TFEU - Freedom to provide services - Restrictions - Services in the internal market - Directive 2006/123/EC - Labour law - Posting of workers in order to carry out construction works - Reporting of workers - Retention and translation of payslips - Suspension of payments - Payment of a security by the recipient of the services - Surety for a possible fine to be imposed on the service provider))
(2019/C 16/07)
Languages of the case: German and Slovenian
Referring court
Parties to the main proceedings
Applicant: Čepelnik d.o.o.
Defendant: Michael Vavti
Operative part of the judgment
Article 56 TFEU must be interpreted as precluding legislation of a Member State, such as that at issue in the main proceedings, under which the competent authorities can order a commissioning party established in that Member State to suspend payments to his contractor established in another Member State, or even to pay a security in an amount equivalent to the price still owed for the works in order to guarantee payment of the fine which might be imposed on that contractor in the event of a proven infringement of the labour law of the first Member State.
(1) OJ C 86, 20.3.2017.
Languages of the case: German and Slovenian
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