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Parliamentary questions
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9 April 2019
Answer given by Ms Thyssen on behalf of the European Commission
Question reference: E-000191/2019

When a company provides services and thus posts its workers to another Member State, terms and conditions of employment (i.e maximum work periods, minimum rest periods, the minimum rates of pay etc.) as listed in the Posting of Workers Directive 96/71/EC(1) and which stem from the law, universally applicable collective agreements or arbitration awards of the receiving Member State have to be applied to workers posted to that receiving Member State.

Regulation 1215/2012(2) applies to recognition and enforcement of judgments in cross-border cases, which were given in proceedings initiated on or after 10 January 2015(3).

The regulation provides for the possibility to refuse recognition and enforcement of a judgment delivered in the Member State, on the basis of certain refusal grounds, including if such recognition and enforcement is manifestly contrary to public policy in the Member State addressed(4).

Ultimately, it is for the Court of Justice of the European Union to review the limits within which the courts of a Member State may have recourse to that concept for the purpose of refusing recognition of a judgment emanating from a court in another Member State.

The Commission points out that in the area of labour mobility, the creation of the European Labour Authority(5) will facilitate and support cross-border enforcement procedures relating to penalties and fines.

(1)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 (OJ L 18, 21.1.1997, p. 1).
(2)Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
(3)Regulation 44/2001 applies to judgments in cross-border cases within its material scope, which were given in proceedings initiated before 10 January 2015.
(4)Article 45 of Regulation 1215/2012 and Article 34 of Regulation 44/2001
(5)COM(2018) 131 final.

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