International posting and residence permit: hosting Member States’ prerogatives according to the EU Court of Justice

In its judgment in Case C-540/22, the Court of Justice of the European Union (CJEU) clarified that Article 56 of the Treaty on the Functioning of the European Union (TFEU), which governs the free movement of services, does not prevent a Member State from requiring to companies established in another Member State to comply with specific obligations when posting third-country nationals to its territory for more than three months. These obligations include submitting a prior notification of the service provision to the government authorities of the host Member State and subsequently obtaining a residence permit for each posted worker.

This article was originally written by the Labour Law Observatory team, to which we refer for the whole text.

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