ECJ 8 December 2020, case C-626/18 (Republic of Poland v Parliament and Council), Posting of Workers and Expatriates

Form of order sought

The applicant claimed that the Court should:

• annul Article 1(2)(a), Article 1(2)(b) and Article 3(3) of 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
• order the European Parliament and the Council of the European Union to pay the costs of the proceedings.
• In the alternative, in the event that the Court of Justice considers that the contested provisions of Directive (EU) 2018/957 cannot be separated from the rest of that directive without altering its substance, the Republic of Poland claims that the Court should annul Directive (EU) 2018/957 in its entirety.

Decision

The Court (Grand Chamber):

• Dismisses the action;
• Orders the Republic of Poland to pay, in addition to its own costs, the costs incurred by the European Parliament and the Council of the European Union;
• 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.