27.8.2011   

EN

Official Journal of the European Union

C 252/6

Judgment of the Court (Fifth Chamber) of 30 June 2011 — European Commission v Kingdom of Belgium

(Case C-397/10) (1)

(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.

(1)  OJ C 301, 6.11.2010.