On February 12, 2015, the Court of Justice (“CoJ”) gave its judgment in the Finnish preliminary reference case C-396/13 Sähköalojen ammattiliitto concerning issues on the posting of workers.
Can an undertaking which has breached national competition law in the past be excluded from a public tendering procedure ?
Yes, answers the Court of Justice in its recent judgment in Generali-Providencia Biztositò Zrt, Case C-470/13, EU:C:2014:2469.
That is an interesting enough point, of course. The judgment is also of interest because the Court seems to take a softer line than usual concerning the admissibility of the question and the lack of cross-border interest in the case as present by the national court.
In its judgment of 3 December 2014 in De Clercq and others, C-315/13, EU:C:2014:2408, the Court of Justice examines whether a Belgian system of declarations is a restriction on the freedom to provide services and if so, whether it is justified for some reason. There’s nothing new or earth shattering in the judgment, really, but it is a good synthesis of the current case law.
The Court of Justice (“the Court”) has given its judgment in Case C-83/13 Fonnship A/S v Svenska Transportarbetareförbundet and Others today. The case concerned the question whether a vessel flying a third-country flag (Panamanian in this case) can benefit from the freedom to provide maritime transport services on the basis of Regulation No 4055/86 on the freedom to provide maritime transport services (“the Regulation” or “Regulation No 4055/86).