Posted workers in France

5.7.2017

Question for written answer P-004554-17
to the Commission
Rule 130
Helga Stevens (ECR)

There can be no doubt that social dumping and postings abuse and fraud are issues that need to be addressed. That objective should not, however, affect the freedom to provide services or result in protectionism. France currently imposes a very rigid requirement of prior notification for posted workers, with no possible exceptions (SIPSI). Not even the smallest service provision escapes this rule (such as a very restricted composition meeting lasting just a few hours). Huge fines are levied. There is also a fee of EUR 40 per posted worker per notification. This practice imposes considerable restrictions on the cross-border provision of services.

1. Does the Commission consider this system to be a proportionate restriction on the free movement of services? Or does it rather consider it to be a protectionist violation of this fundamental freedom?

2. If the Commission were to take the view that the French legislation violates the principle of the free movement of services, would it then open proceedings under Article 258 TFEU?