Action brought on 25 September 2017 - European Commission v Kingdom of Belgium

Case C-564/17

Nov 22, 2017

Senior Partner , Immigration Law Associates

Action brought on 25 September 2017 - European Commission v Kingdom of Belgium

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The European Commission has referred Belgium to the European Court of Justice for failing to fully implement the Single Permit Directive (Directive 2011/98/EU). The first referral dated 19 November 2015 was put on hold in April 2016.

The Commission proposes that the Kingdom of Belgium be ordered to pay pursuant to Article 260(3) TFEU, a penalty payment of EUR 70 828,80 per day from the date on which judgment is delivered.

Belgium will most likely adopt the national measures required to transpose the obligations under the directive before a judgment will be delivered.

However, once the judicial stage initiated the Commission remains entitled to judgment even if Belgium has complied. One of the reasons why the Commission may continue with the action is to establish the liability and provide the basis for claims by individuals [Commission v Greece (1988)].

Tanel Feldman

Senior Partner , Immigration Law Associates

Immigration Law Associates provides in-depth advice on rights and obligations triggered by the cross-border element of a given legal situation. Our know-how is built on an extensive experience in EU law and is supported by a network of partners across the EU. Social security coordination : • Autonomous application of the social security coordination regulations and ECJ case-law, to any situation involves a cross-border element EU Company law : • Establishment -permanent activities • Establishment -self-employment activities International Private Law : • Law applicable to the employment relationship Labour and employment law : • Freedom of movement of workers-equal treatment, access to social benefits • Employment contracts and termination of employment • Working conditions • Employee benefits • Transfer of undertakings • Authorisations of work for third-country nationals Special regimes : • Posted workers • Frontier workers • Highly mobile workers • Employment of record • Intra-EU mobility of third-country nationals