The work visa regime applied by Germany to nationals of non-member states posted by service providers established in other member states is contrary to the freedom to provide services

The Court of Justice of the European Communities has concluded that the German practice based on the checking of certain criteria, in advance of the posting, and restriction of posting to workers employed for less than a year by the provider established in another Member State, violated the provisions on the freedom to provide services. (Ref. 0654)

Through . Published on 24 January 2006 Ă  17h03 - Update on 17 March 2013 Ă  19h43

The posting of employed persons who are nationals of a non-member State is govemed in Germany by the Law on Aliens1. This law provides that foreigners intending to reside for more than three months on
German territory and to pursue paid employment there must be in possession of a specific residence visa. Thus, undertakings wishing to provide services in Germany must ensure that their workers from non-member States obtain a visa from the German diplomatic representation in the Member State where the undertaking is established.…

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