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European Court of Justice Decision of April 3, 2008 (Rs. C-346/06) "Rüffert"): Regarding the Compatibility of a Declaration That the Collective Agreements Will Comply With the Freedom to Provide Services / The Posting of Workers Directive

30 June 2008


This article discusses the judgment of the Court of Justice concerning the compatibility of a declaration that the collective agreements will comply with a procedure for the award of public work contracts, and freedom to provide services, and the Directive of posting of workers in the framework of the provision of services.

The Court of Justice had to decide whether the freedom to provide services would preclude a statutory obligation requiring a contractor (in award procedures of public works contracts) to pay its employees at least the remuneration prescribed by the applicable collective agreements, which are not binding to all companies.

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