Limosa - An ECJ ruling...finally!!!

[Boo]

...snip...
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Nice !

I particularly liked the line

The Kingdom of Denmark states that it is intervening in support of the submissions made by the Kingdom of Belgium because Danish law also contains provisions requiring a prior declaration to be made by foreign service providers, applicable to self-employed workers.

The King of Demnark standing at the Bar alongside the King of Belgium like a couple of football hooligans shuffling their feet and hanging their heads

Excellent news, now who do I sue ?

Boo2

[Joe Black]

When did you leave?

I'm presuming you mean the UK, as I'm still trying to extricate myself from here, in which case around 2005. Only stayed so long due to personal reasons...

Surprised there haven't been more comments on this thread though, given it's quite a significant ruling. Maybe you have to be one of the walking wounded to 'appreciate' such things...

[SueEllen]

Eh?

Typing on phone so words were autocorrected - question was suppose to say "When did you leave?"

[northernladuk]

Good news - but would did you leave?

Eh?

[SueEllen]

Good news - but would did you leave?

[Joe Black]

Well, I missed this one, unfortunately, as it would have provided a nice Christmas present.

What can I say? Once again a national law brought into being by Belgium or some other EU country is shown for what it is...yet another law in breach of numerous treaties, EU or otherwise. The obvious point in this case being the bit where Belgium gave itself the right to put any of you in prison for a year if you dared to work here more than five days without their pre-approved piece of paper.

Just like various others, my deportation order being one of them, not recognising qualifications despite treaties going back to 1953, refusing to recognise UK one-man LTDs (while setting up their own) and many more, eventually after 5-10 years they are ruled illegal by the ECJ...but sadly, almost certain to be replaced with something else...

In any case enjoy the moment, as I do...

Charge:

JUDGMENT OF THE COURT (Fourth Chamber)

19 December 2012 (*)

Failure of a Member State to fulfil obligations – Article 56 TFEU – Freedom to provide services – National legislation which imposes a prior declaration requirement on self-employed service providers established in other Member States – Criminal penalties – Obstacle to freedom to provide services

Verdict:

On those grounds, the Court (Fourth Chamber) hereby:

1. Declares that, by adopting Articles 137(8), 138, third indent, 153 and 157(3) of the Programme Law (I) of 27 December 2006, in the version in force since 1 April 2007, namely by imposing a prior declaration requirement on self-employed service providers established in Member States other than the Kingdom of Belgium in respect of their activity in Belgium, the Kingdom of Belgium has failed to fulfil its obligations under Article 56 TFEU;
   
2. Orders the Kingdom of Belgium to pay the costs;
   
3. Orders the Kingdom of Denmark to bear its own costs.

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