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Parliamentary question - E-004061/2020Parliamentary question
E-004061/2020

Restrictions on the free movement of services in France

Question for written answer E-004061/2020
to the Commission
Rule 138
Krzysztof Hetman (PPE), Jarosław Duda (PPE)

We have recently been contacted by a number of enterprises making use of the freedom to provide services enshrined in the Treaties with regard to inspections in France and allegations that they are conducting their activities in France in a ‘habitual, permanent and continuous’ [‘habituelle, stable et continue’] manner. An amendment to the French Labour Code (Article L.1262-3) allows the inspection authorities to exercise far-reaching discretion concerning enterprises posting workers to France. Entrepreneurs who do not have their registered office in France are accused of carrying out illegal work [‘travail dissimulé’] and are asked to immediately register their activity in France. Meanwhile, their clients are forewarned of being responsible for complicity in the crime of illegal work. Such actions may constitute a violation of EU law in France and an unjustified restriction on the freedom to provide services, as well as a systematic failure to distinguish that freedom from the freedom of establishment.

Last updated: 21 July 2020
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