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Court of Justice: judgment freedom to provide services

In this case the Portuguese company Termiso Limitada regularly posted Portuguese welders and fitters to the shipyard belonging to Antwerp Ship Repair NV to perform work on ships. During a Belgium inspection of that shipyard, the inspection services found that 53 Portuguese workers from Termiso Limitada were working there and that none of those workers had been the subject of a prior declaration of posting.

The European Court of Justice ruled in her judgment of 7 October 2010 (C-515/08) that the freedom to provide services precludes national legislation which requires an employer, established in another Member State and posting workers to the territory of the first Member State, to send a prior declaration of posting before the planned posting may take place