Judgment of the Court (Fifth Chamber) of 30 June 2011.#European Commission v Kingdom of Belgium.#Failure of a Member State to fulfil obligations - Article 56 TFEU - Freedom to provide services - National legislation making the activities of temporary work agencies subject to a set of requirements - Unjustified obstacles.#Case C-397/10.

Subject of the case

Re:

Failure of a Member State to fulfil its obligations – Infringement of Article 56 TFEU – Restriction of freedom to provide services – National legislation making the activities of temporary work agencies established in other Member States subject to a set of requirements – Unjustified obstacles.

Operative part

Operative part

The Court:

1. Declares that, by making the temporary work agencies providing their services in the territory of the Brussels Capital Region subject to the following requirements:

– that they have as their sole company object that of the provision of workers, and

– that they have a particular legal form,

the Kingdom of Belgium has failed to fulfil its obligations under Article 56 TFEU;

2. Orders the Kingdom of Belgium to pay the costs.