Press Release: Judgment of the Court of Justice in Case C-346/06. Dirk Rüffert v. Land Niedersachsen

The Community Directive on the posting of workers may preclude making a public contract subject to compliance with the wages under a collective agreement in force in the place where the services in question are performed. Where a Member State recognises a system for declaring the rate of pay fixed by a collective agreement to be universally applicable but fails to make such a declaration, a legislative measure of that Member State applicable to public contracts cannot impose a requirement on providers of cross-border services who post workers to that Member State to comply with that rate of pay.