Official Journal of the European Union

C 190/2

Judgment of the Court (First Chamber) of 15 June 2006 — Commission of the European Communities v French Republic

(Case C-255/04) (1)

(Admissibility - Inconsistency between the grounds pleaded and the heads of claim in the application initiating proceedings - Rule whereby a Court may not rule ultra petita - Article 49 EC - National legislation making the grant of a licence subject to the needs of the market - National legislation imposing a presumption of salaried status - Reversal of the burden of proof - Absence of detailed procedural rules within the meaning of the Peterbroeck case-law - Social protection - Coordination of the applicable legislation by Regulation (EEC) No 1408/71 - Pre-emption - Action to combat concealed employment)

(2006/C 190/03)

Language of the case: French


Applicant: Commission of the European Communities (represented by: E. Traversa and A.-M. Rouchaud-Joët, Agents)

Defendant: French Republic (represented by: G. de Bergues and A. Hare, Agents)


Failure of a Member State to fulfil obligations — Articles 43 EC and 49 EC — French system for the grant of licences to performing artists established in another Member State who do not possess a licence issued under comparable conditions in their State of origin — Presumption of salaried status applied to performing artists recognised as service providers established in their State of origin where they usually provide similar services

Operative part of the judgment


By making the grant of a licence to performing artists' engagements agencies, established in another Member State, subject to the need to engage performers, and

by imposing the presumption of salaried status on performing artists who are recognised as service providers and established in their Member State of origin, where they usually provide similar services,

the French Republic has failed to fulfil its obligations under Article 49 EC.


The action is dismissed as to the remainder.


The Commission of the European Communities and the French Republic are ordered to bear their own costs.

(1)  OJ C 217, 28.8.2004.