Judgment of the Court of Justice in Case C-164/99

The European Court of Justice decided on 24 January 2002 that a member state may require an undertaking in the construction industry established in another member state which posts some of its workers to apply a minimum wage rules if these are to the advantage of the posted workers.

The decision came in connection with the application of German legislation laying down minimum wage rules for workers in the building industry in the case of an employer established in Portugal who posted workers to Germany in 1997.

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