EUR-Charts

The box in the 4th row entitled “A somewhat special case – service providers employing third-country nationals” must read:

A somewhat special case – service providers employing third-country nationals

• Companies providing a service in another Member State are entitled to employ third-country nationals if they are lawfully employed in the country of origin of the company. Obstacles imposed by the host Member State in relation to these workers amount to obstacles to the provision of the service. However, the host Member State may impose visa requirements; e.g. Vander Elst (1994); Commission v Austria (2006).
• The posted workers do not become part of the labour market of the host country; Rush Portuguesa (1990).
• Directive 96/71 on posted workers and Directive 2014/67 on the enforcement of Directive 96/71 (see Chart 8/49) apply to workers who are nationals of a third country. The posting of third-country nationals may also be subject to an agreement between their country and the EU (e.g. the EEA Agreement of 1992 and the Swiss-EU Agreement on the Free Movement of Persons of 1999).