European Court of Justice- a first look into the amended Posting of Workers Directive

On 28 May, Advocate General Manuel Campos Sánchez-Bordona delivered his Opinions in C-620/18 (Hungary v Parliament and Council) and C-626/18 (Poland v Parliament and Council). The Polish government claims that the Council should annul certain provisions laid down by Directive 2018/957/EU amending Directive 96/71/EC concerning the posting of workers in the framework of the provision…

What is behind and beyond posting of workers

In his Opinion delivered in Van den Bosch Transporten BV (C-815/18), AG Bobek took a shortcut by calling a spade, a spade and not a gardening tool : “I would also have some intellectual difficulty in seeing how exactly the PWD promotes the ‘transnational provision of services “, “unless naturally the unspoken assumption behind that…

ECJ ruling in Bouygues travaux publics and Others-another missed opportunity?

The ECJ delivered today its ruling in Bouygues travaux publics and Others (C-17/19). In the main proceedings, the French Cour de Cassation seeks to know whether a E101 certificate (currently Portable Document A1), binds the courts of the host Member State, not only as regards social security subjection, but also as regards labour law. The…

ECJ-Bouygues and Others- no new point of law

On 14 May, the ECJ will deliver its ruling in Bouygues travaux publics and Others (C-17/19). Pursuant to Article 20 of the ECJ Statute, “Where it considers that the case raises no new point of law, the Court may decide, after hearing the Advocate General, that the case shall be determined without a submission from…

Employer of Record- Intra-EU mobility- Social security coordination

Employer of Record solution enables companies to hire employees anywhere in the world without setting up a legal entity. The EOR is deemed to be the legal employer (of record), however the employees are subordinated to the EOR’ customer. The employee will exclusively “service” the EOR’ customer (i.e. the latter represents the party responsible for…

Family allowance -Interoperability between EU legal instruments

In Caisse pour l’avenir des enfants v FV, GW (C-802/18), in the context of a claim for family allowances, the ECJ was called upon to clarify whether an amendment of the Luxembourg Social Security Code, is compatible with EU law. The case in the main proceedings Since 1 August 2016, pursuant to Art 270 of…

Portable Documents A1-How long is a “reasonable time”?

Two references for a preliminary ruling have been made by the tribunal de grande instance de Bobigny (France), and by the French Cour de Cassation, both concerning claims for loss sustained by CRPN (the retirement fund for civil aviation flying personnel),and respectively by Mr. Jean‑Luc Poignant (formerly employed by Vueling),as a result of employment of…

Belgian consular posts to access the e Legalisation platform

On 13 March 2020, the Belgian Official Gazette published the Royal Decree of 8 March 2020, on the legalisation of foreign judicial decisions and authentic acts, and on grounds for refusal of legalisation. Since 1 May 2018, Belgium has been issuing electronic Apostilles (using an electronic platform: e Legalisation). The electronic platform will be now…

Luxembourg -bill transposing the amended Posting of Workers Directive

A bill transposing Directive 2018/957/EU and amending the Labour Code, was introduced in the Chamber of Deputies in Luxembourg. We will make only a few remarks in the margin of the draft legislation. 1 Pursuant to Article L 010-1 Labour Code , the concept of remuneration covers the social minimum legal remuneration, or determined by…

ECJ -Vueling Airlines SA – To Rule or Not to Rule

On 31 March, the ECJ will finally release its ruling in Vueling Airlines SA (the AG’s Opinion was delivered on 11 July 2019). However, the ECJ will only rule on the case C-37/18 (Vueling Airlines SA v Jean-Luc Poignant). Two references for a preliminary ruling have been made by the tribunal de grande instance de…

Tackling social dumping or tackling posting of workers

In the context of posting of workers, the European Commission defined social dumping as a situation “where foreign service providers can undercut local service providers, because their labour standards are lower”. To tackle social dumping, it must be first distinguished between fraud/abuse of right, and lawful provision of services in the sense of EU law…