Judgment of the Court (Second Chamber) of 3 April 2008 (reference for a preliminary ruling from the Oberlandesgericht Celle (Germany)) - Dirk Rüffert, in his capacity as liquidator of the assets of Objekt und Bauregie GmbH & Co. KG v Land Niedersachsen
(Article 49 EC - Freedom to provide services - Restrictions -Directive 96/71/EC - Posting of workers in the context of the provision of services - Procedures for the award of public works contracts - Social protection of workers)
Language of the case: German
Referring court
Oberlandesgericht Celle
Parties to the main proceedings
Applicant: Dirk Rüffert, in his capacity as liquidator of the assets of Objekt und Bauregie GmbH & Co. KG
Defendant: Land Niedersachsen
Re:
Preliminary reference - Oberlandesgericht Celle (Germany) - Interpretation of Article 49 EC - National legislation requiring undertakings involved in the tendering procedure for public-works contracts to give a commitment that they will comply with, and ensure compliance by their subcontractors with, the provisions on minimum pay prescribed by the collective agreement in force at the place where the services in question are to be provided.
Operative part of the judgment
Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, interpreted in the light of Article 49 EC, precludes an authority of a Member State, in a situation such as that at issue in the main proceedings, from adopting a measure of a legislative nature requiring the contracting authority to designate as contractors for public works contracts only those undertakings which, when submitting their tenders, agree in writing to pay their employees, in return for performance of the services concerned, at least the remuneration prescribed by the collective agreement the minimum wage in force at the place where those services are performed.
____________1 - OJ C 294, 02.12.2006.