Case C-546/07: Judgment of the Court (Third Chamber) of 21 January 2010 — European Commission v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Freedom to provide services — Article 49 EC — Annex XII to the Act of Accession — List referred to in Article 24 of the Act of Accession: Poland — Chapter 2, paragraph 13 — Possibility of derogation by the Federal Republic of Germany from the first paragraph of Article 49 EC — Standstill clause — Agreement of 31 January 1990 between the Government of the Federal Republic of Germany and the Government of the Republic of Poland on the posting of workers from Polish undertakings to carry out works contracts — Exclusion of the possibility for undertakings established in other Member States to conclude works contracts with Polish undertakings for work to be carried out in Germany — Extension of the restrictions existing at the date of signature of the Treaty of Accession relating to the access of Polish workers to the German labour market)