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Ruffert v Land Niedersachsen - Freedom of provision of services - ECJ Case 346/06 20.9.07

In Germany minimum wages are not nationally set for the construction industry, but are put in place via collective agreements. A statute requires that public authorities only award contracts to undertakings which will pay their employees (including posted workers) at least that minimum. The Advocate General has expressed his opinion that this may restrict the freedom to provide services. However since member states must not discriminate on grounds of nationality and local and posted workers must be paid the same, Article 49 of the EU Treaty does not preclude such national legislation.

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