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Case C-397/10: Judgment of the Court (Fifth Chamber) of 30 June 2011 — European Commission v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Article 56 TFEU — Freedom to provide services — National legislation making the activities of temporary work agencies subject to a set of requirements — Unjustified obstacles)
ECLI:EU:UNKNOWN:62010CA0397
62010CA0397
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27.8.2011
Official Journal of the European Union
C 252/6
(Case C-397/10) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Article 56 TFEU - Freedom to provide services - National legislation making the activities of temporary work agencies subject to a set of requirements - Unjustified obstacles)
2011/C 252/08
Language of the case: French
Parties
Applicant: European Commission (represented by: J.-P. Keppenne and I. Rogalski, acting as Agents)
Defendant: Kingdom of Belgium (represented by: M. Jacobs, acting as Agent)
Re:
Failure of a Member State to comply with its obligations — Infringement of Article 56 TFEU — Restriction on freedom to provide services — National legislation making the activities of temporary work agencies established in other Member States subject to a set of requirements — Unjustified obstacles
Operative part of the judgment
The Court:
1.Declares that, by making the temporary work agencies providing their services in the territory of the Brussels Capital Region subject to the following requirements:
—that they have as their sole business activity that of the provision of workers, and
—that they have a particular legal form,
the Kingdom of Belgium has failed to fulfil its obligations under Article 56 TFEU;
2.Orders the Kingdom of Belgium to pay the costs.
(<span class="super">1</span>) OJ C 301, 6.11.2010.