Odbor kompatibility s právem ES
Úřad vlády ČR
I S A P
Informační Systém pro Aproximaci Práva
Databáze č. 17 : Databáze judikatury
ă Odbor kompatibility s právem ES, Úřad vlády ČR - určeno pouze pro potřebu ministerstev a ostatních ústředních orgánů

Číslo (Kód CELEX):
Number (CELEX Code):		61981J0062
Název:
Title: 		JUDGMENT OF THE COURT, 3 FEBRUARY 1982. SECO SA AND DESQUENNE AND GIRAL V ETABLISSEMENT D' ASSURANCE CONTRE LA VIEILLESSE ET L' INVALIDITE. (REFERENCE FOR A PRELIMINARY RULING FROM THE COURT OF CASSATION OF THE GRAND-DUCHY OF LUXEMBOURG). FREEDOM TO PROVIDE SERVICES. JOINED CASES 62 AND 63/81.
Publikace:
Publication:		REPORTS OF CASES 1982 PAGES 0223 - 0238
Předmět (klíčová slova):
Keywords		FREEDOM OF ESTABLISHMENT AND SERVICES;FREE MOVEMENT OF SERVICES;
Související předpisy:
Corresponding acts:		157E060
Odkaz na souvisejicí judikáty:
Corresponding Judgements:
Plný text:
Fulltext:		Ne

Fakta:


Názor soudu a komentář:


Shrnutí (Summary of the Judgment):
1. ARTICLE 59 AND THE THIRD PARAGRAPH OF ARTICLE 60 OF THE EEC TREATY ENTAIL THE ABOLITION OF ALL DISCRIMINATION AGAINST A PERSON PROVIDING A SERVICE ON THE GROUNDS OF HIS NATIONALITY OR THE FACT THAT HE IS ESTABLISHED IN A MEMBER STATE OTHER THAN THAT IN WHICH THE SERVICE MUST BE PROVIDED. THUS THEY PROHIBIT NOT ONLY OVERT DISCRIMINATION BASED ON THE NATIONALITY OF THE PERSON PROVIDING THE SERVICE BUT ALSO ALL FORMS OF COVERT DISCRIMINATION WHICH, ALTHOUGH BASED ON CRITERIA WHICH APPEAR TO BE NEUTRAL, IN PRACTICE LEAD TO THE SAME RESULT.

2. LEGISLATION WHICH REQUIRES EMPLOYERS TO PAY IN RESPECT OF THEIR WORKERS SOCIAL SECURITY CONTRIBUTIONS NOT RELATED TO ANY SOCIAL SECURITY BENEFIT FOR THOSE WORKERS MAY NOT REASONABLY BE CONSIDERED JUSTIFIED ON ACCOUNT OF THE GENERAL INTEREST IN PROVIDING WORKERS WITH SOCIAL SECURITY.

3. COMMUNITY LAW DOES NOT PRECLUDE MEMBER STATES FROM APPLYING THEIR LEGISLATION, OR COLLECTIVE LABOUR AGREEMENTS ENTERED INTO BY BOTH SIDES OF INDUSTRY RELATING TO MINIMUM WAGES, TO ANY PERSON WHO IS EMPLOYED, EVEN TEMPORARILY, WITHIN THEIR TERRITORY, NO MATTER IN WHICH COUNTRY THE EMPLOYER IS ESTABLISHED, JUST AS COMMUNITY LAW DOES NOT PROHIBIT MEMBER STATES FROM ENFORCING THOSE RULES BY APPROPRIATE MEANS. HOWEVER, IT IS NOT POSSIBLE TO DESCRIBE AS AN APPROPRIATE MEANS ANY RULE OR PRACTICE WHICH IMPOSES A GENERAL REQUIREMENT TO PAY SOCIAL SECURITY CONTRIBUTIONS, OR OTHER SUCH CHARGES AFFECTING THE FREEDOM TO PROVIDE SERVICES, ON ALL PERSONS PROVIDING SERVICES WHO ARE ESTABLISHED IN OTHER MEMBER STATES AND EMPLOY WORKERS WHO ARE NATIONALS OF NON-MEMBER COUNTRIES, IRRESPECTIVE OF WHETHER THOSE PERSONS HAVE COMPLIED WITH THE LEGISLATION ON MINIMUM WAGES IN THE MEMBER STATE IN WHICH THE SERVICES ARE PROVIDED, BECAUSE SUCH A GENERAL MEASURE IS BY ITS NATURE UNLIKELY TO MAKE EMPLOYERS COMPLY WITH THAT LEGISLATIO
N OR TO BE OF ANY BENEFIT WHATSOEVER TO THE WORKERS IN QUESTION.

4. COMMUNITY LAW PRECLUDES A MEMBER STATE FROM REQUIRING AN EMPLOYER WHO IS ESTABLISHED IN ANOTHER MEMBER STATE AND TEMPORARILY CARRYING OUT WORK IN THE FIRST-NAMED MEMBER STATE, USING WORKERS WHO ARE NATIONALS OF NON-MEMBER COUNTRIES, TO PAY THE EMPLOYER' S SHARE OF SOCIAL SECURITY CONTRIBUTIONS IN RESPECT OF THOSE WORKERS WHEN THAT EMPLOYER IS ALREADY LIABLE UNDER THE LEGISLATION OF THE STATE IN WHICH HE IS ESTABLISHED FOR SIMILAR CONTRIBUTIONS IN RESPECT OF THE SAME WORKERS AND THE SAME PERIODS OF EMPLOYMENT AND THE CONTRIBUTIONS PAID IN THE STATE IN WHICH THE WORK IS PERFORMED DO NOT ENTITLE THOSE WORKERS TO ANY SOCIAL SECURITY BENEFITS. NOR WOULD SUCH A REQUIREMENT BE JUSTIFIED IF IT WERE INTENDED TO OFFSET THE ECONOMIC ADVANTAGES WHICH THE EMPLOYER MIGHT HAVE GAINED BY NOT COMPLYING WITH THE LEGISLATION ON MINIMUM WAGES IN THE STATE IN WHICH THE WORK IS PERFORMED.

Plný text judikátu (Entire text of the Judgment):