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Court watch

European Court of Justice (ECJ), December 8, 2020
ECJ 8 December 2020, case C-620/18 (Hungary v Parliament and Council), Posting of Workers and Expatriates
Hungary – v – European Parliament and Council of the European Union, EU Case

Form of order sought

The applicant claimed that the Court should:

  • annul Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services; 1 in the alternative:
  • annul the provisions of Article 1(2)(a) of Directive (EU) 2018/957 of the European Parliament and of the Council laying down point (c) and the third subparagraph of the new Article 3(1) of Directive 96/71/EC;
  • annul the provisions of Article 1(2)(b) of Directive (EU) 2018/957 of the European Parliament and of the Council inserting paragraph 1a in Article 3 of Directive 96/71/EC;
  • annul Article 1(2)(c) of Directive (EU) 2018/957 of the European Parliament and of the Council;
  • annul Article 3(3) of Directive (EU) 2018/957 of the European Parliament and of the Council, and in addition;
  • order the European Parliament and the Council of the European Union to pay the costs.

Decision

The Court (Grand Chamber):

  1. Dismisses the action;
  2. Orders Hungary to bears its own costs and to pay the costs incurred by the European Parliament and the Council of the European Union;
  3. Orders the Federal Republic of Germany, the French Republic, the Kingdom of the Netherlands, the Kingdom of Sweden and the European Commission to bear their own costs.