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Case C-546/07: Action brought on 5 December 2007 — Commission of the European Communities v Federal Republic of Germany
ECLI:EU:UNKNOWN:62007CN0546
62007CN0546
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8.3.2008
EN
Official Journal of the European Union
C 64/17
(Case C-546/07)
(2008/C 64/26)
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: E. Traversa and P. Dejmek, acting as Agents)
Defendant: Federal Republic of Germany
Form of order sought
—Declare that the Federal Republic of Germany has infringed its obligations arising from Article 49 EC and the standstill clause in Chapter 2 (Freedom of Movement for Persons), Paragraph 13 of Annex XII (List referred to in Article 24 of the Act of Accession of 16 April 2003) in that:
(a) in its administrative practice, it interprets the term ‘Unternehmen der anderen Seite’ (undertakings from the other side) in Paragraph 1(1) of the intergovernmental agreement between Germany and Poland of 31 January 1990 on the posting of workers from Polish undertakings to carry out works contracts as meaning ‘German undertakings’ and
(b) with the so-called ‘Arbeitsmarktschutzklausel’ (the clause protecting the labour market) it widened the regional restrictions for access of workers after 16 April 2003, namely the date the EU Act of Accession: Poland was signed;
order the defendant to pay the costs of the proceedings.