The Practical Functionality of Administrative Requirements of Posting through the Aspects of the Čepelnik Case

Abstract

In case C-33/17 Čepelnik, the Court of Justice of the European Union (CJEU) had to determine whether the legislation of a Member State under which a recipient of services can be ordered to suspend payments and to pay a security to guarantee payment of a possible fine which might be imposed on the provider of services, established in another Member State, for an infringement of the labour law of the first Member State is contrary to the EU law. Although in the present case the CJEU could not rule on the basis of the Posting of Workers Enforcement Directive, as this was implemented into the national law after the facts at issue in the main proceedings took place, the CJEU’s ruling provides useful insights into the future review of the admissibility of administrative requirements and control measures introduced at national level to monitor compliance with the posted worker regulations.