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14.1.2019 |
EN |
Official Journal of the European Union |
C 16/6 |
Judgment of the Court (Third Chamber) of 14 November 2018 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Danieli & C. Officine Meccaniche SpA and Others v Regionale Geschäftsstelle Leoben des Arbeitsmarktservice
(Case C-18/17) (1)
((Reference for a preliminary ruling - Accession of new Member States - Republic of Croatia - Transitional measures - Freedom to provide services - Directive 96/71/EC - Posting of workers - Posting of Croatian and third-country nationals to Austria through the intermediary of an undertaking established in Italy))
(2019/C 16/06)
Language of the case: German
Referring court
Verwaltungsgerichtshof
Parties to the main proceedings
Appellants: Danieli & C. Officine Meccaniche SpA, Dragan Panic, Ivan Arnautov, Jakov Mandic, Miroslav Brnjac, Nicolai Dorassevitch, Alen Mihovic
Respondent: Regionale Geschäftsstelle Leoben des Arbeitsmarktservice
Operative part of the judgment
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1. |
Articles 56 and 57 TFEU, together with Chapter 2, paragraph 2, of Annex V to the Act concerning the conditions of accession of the Republic of Croatia and the adjustments to the Treaty on European Union, the Treaty on the Functioning of the European Union and the Treaty establishing the European Atomic Energy Community must be interpreted as meaning that a Member State is entitled to restrict, by the requirement of a work permit, the posting of Croatian workers who are employed by an undertaking which has its registered office in Croatia, when the posting of those workers takes place through their hiring-out, within the meaning of Article 1(3)(c) of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, to an undertaking established in another Member State for the purposes of the provision of services in the first of those Member States by the latter undertaking. |
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2. |
Articles 56 and 57 TFEU must be interpreted as meaning that a Member State is not entitled to require that third-country nationals, hired out to an undertaking established in another Member State, by another undertaking which is also established in that other Member State, for the purposes of providing a service in the first of those Member States, must have a work permit. |