03 Mar Freedom to provide services
Freedom to provide services – Posting of workers – Directive 96/71/EC – Article 3(1)(c) – Terms and conditions of employment – Remuneration – Article 5 – Penalties – Limitation period – Charter of Fundamental Rights of the European Union – Article 41 – Right to good administration – Article 47 – Effective judicial protection.
ECJ, 10 February 2022, Case C-219/20, LM v Bezirkshauptmannschaft Hartberg-Fürstenfeld and Österreichische Gesundheitskasse.
https://curia.europa.eu/juris/document/document.jsf?text=&docid=253722&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=1163325
Article 5 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, read in conjunction with Article 47 of the Charter of Fundamental Rights of the European Union and in the light of the general principle of EU law relating to the right to good administration, must be interpreted as not precluding national legislation providing for a five-year limitation period for failure to comply with obligations relating to the remuneration of posted workers.
