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Recent News From Immigration Law Associates

  • Posting of workers-a more restrictive “non-replacement condition”

    Posting of workers-a more restrictive “non-replacement condition”

    Published: 10 Sep 2018

    In Alperind GmbH and Others (C-527/16) the European Court of Justice confirms (once again) the binding and retroactive effect of the Portable Document A1, adds to the debate in regard to the interpretation of the ruling in Altun and Others(C-359/16), and rules for a restrictive interpretation of the “non-replacement condition”. The case in the main proceedings The dispute in the main proceedin...

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  • Work at customer site under the Intra-Corporate Transferee Directive

    Work at customer site under the Intra-Corporate Transferee Directive

    Published: 28 May 2018

    One of the frequently asked questions is whether a third-country national who has been admitted to the territory of a Member State in the framework of an intra-corporate transfer, may work on customer site. The question is often raised in the context of companies whose controlled branches or subsidiaries, do not have a genuine economic activity in the Member State of establishment. The concep...

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  • Family members of “static EU citizens”-status quo

    Family members of “static EU citizens”-status quo

    Published: 10 May 2018

    In a recent judgment [K.A. and Others v Belgium (C-82/16)], the European Court of Justice, confirms settled case-law and brings more clarity on (derived) residence rights of family members of “static EU citizens”. The case in the main proceedings The cases at issue concern EU citizens who have never exercised their rights to freedom of movement (“static EU citizens), and their family members,...

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  • Atypical “posting arrangements” covered by the Posting of Workers Directive and protected by the freedom to provide services

    Atypical “posting arrangements” covered by the Posting of Workers Directive and protected by the freedom to provide services

    Published: 29 Apr 2018

    In his Opinion delivered on 26 April 2018 (C-18/17), Advocate General Wahl. clarifies the relevance of the European Law in determining the rules applicable to atypical “posting arrangements”. The case in the main proceedings An undertaking established in Italy (D1) has concluded a contract of provision of services with an Austrian undertaking, to carry out construction work. To provide the...

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  • Posting of Workers Directive- “high frequency” cross-border workers

    Posting of Workers Directive- “high frequency” cross-border workers

    Published: 22 Apr 2018

    In Michael Dobersberger (C-16/18), the Administrative Court of Austria seeks clarity on the interpretation and enforcement of the Posting of Workers Directive. The case in the main proceedings ·        In performance of a contract entered with the Austrian Federal Railways (OBB), D GmbH an Austrian company provides on-board services (preparation and...

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  • Business, “nearly business” and leisure travellers – revision of the Visa Code

    Business, “nearly business” and leisure travellers – revision of the Visa Code

    Published: 25 Mar 2018

    On 14 March, the European Commission has released the proposal for a Regulation of the European Parliament and of the Council amending Regulation(EC) No 810/2009 establishing a Community Code on Visas (Visa Code). I Main amendments proposed Member State competent for examining and deciding on an application When the envisaged trip covers more than one destination, or several unconnected trip...

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  • Residence permits automatically granted – non-declaratory in relation to the right of residence

    Residence permits automatically granted – non-declaratory in relation to the right of residence

    Published: 11 Mar 2018

    In his Opinion delivered on 7 March 2018 (C‑246/17), Advocate General Bot, provides a detailed analysis in regard to the period which Member States must adopt and notify decisions to issue residence permits to third-country nationals, family members of EU citizens [under Article 10(1) Directive 2004/38/EC]. Summary of the case in the main proceedings The case concerns a decision by the Belgian...

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  • Certificate of coverage - principle of prohibition of fraud and abuse of right

    Certificate of coverage - principle of prohibition of fraud and abuse of right

    Published: 08 Feb 2018

    On February 6th, the European Court of Justice ruled on the binding effect of a certificate of coverage on a court of a Member State other than that in which the document was issued (C-359/16). The case concerns a Belgian company active in the construction field, had subcontracted the work at all its sites to Bulgarian undertakings posting workers to Belgium. It was revealed that on the one han...

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