Brussels, 19/03/2010
In the course of 2007 and 2008, the European Court of Justice gave its judgement and interpreted existing European rules in several cases regarding the mobility of workers and companies/service providers in the framework of cross border provision of services (Laval, Rüffert and Commission vs. Luxembourg cases) and cross border establishment (Viking case). In these judgments, the European Court of Justice gave in particular its interpretation of the relationship between the fundamental social rights of collective bargaining and collective action and economic freedoms in the internal market.
These judgements have sparked controversy on the adequacy of existing EU rules to protect the rights of workers in the context of the freedom to provide services and the freedom of establishment.
In October 2008, the European Commission and the French Presidency of the Council invited the European Social Partners to jointly develop an analysis of the consequences of the ECJ cases and of the challenges related to increased mobility in Europe, and to help re-establish confidence in the further development of the internal market.
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