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Case C-515/08: Judgment of the Court (Second Chamber) of 7 October 2010 (reference for a preliminary ruling from the Rechtbank van eerste aanleg te Antwerpen (Belgium)) — Criminal proceedings against Vítor Manuel dos Santos Palhota, Mário de Moura Gonçalves, Fernando Luis das Neves Palhota, Termiso Limitada (Freedom to provide services — Articles 56 TFEU and 57 TFEU — Posting of workers — Restrictions — Employers established in another Member State — Registration of prior declaration of posting — Social or labour documents — Equivalent to those provided for under the law of the host Member State — Copy — Keeping available to the national authorities)
ECLI:EU:UNKNOWN:62008CA0515
62008CA0515
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4.12.2010
Official Journal of the European Union
C 328/4
(Case C-515/08) (<span class="super">1</span>)
(Freedom to provide services - Articles 56 TFEU and 57 TFEU - Posting of workers - Restrictions - Employers established in another Member State - Registration of prior declaration of posting - Social or labour documents - Equivalent to those provided for under the law of the host Member State - Copy - Keeping available to the national authorities)
2010/C 328/05
Language of the case: Dutch
Referring court
Parties in the main proceedings
Re:
Reference for a preliminary ruling — Rechtbank van eerste aanleg te Antwerpen — Interpretation of Articles 49 EC and 50 EC — National legislation requiring construction sector undertakings carrying out works in a Member State on a temporary basis to provide a declaration of posting to the authorities in the host country
Operative part of the judgment
Articles 56 TFEU 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.
Articles 56 TFEU and 57 TFEU 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.
* Language of the case: Dutch.
ECLI:EU:C:2010:140