Extended EU Postings of Non-EU Workers: CJEU Backs Dutch Residence Permit Requirements

By Martina Moser and Fernanda Prada

The Court of Justice of the European Union (CJEU) recently issued a ruling on the matter of intra-EU postings of non-EU workers in the EU, as seen in its judgment C-540/22.

The case concerned a dispute initiated by a group of Ukrainian workers, who were regularly posted to the Netherlands by a Slovak company for the completion of work lasting more than 90 days. In accordance with Dutch regulations, the posted workers were required to apply for an additional residence permit from the Dutch authorities.

The workers contested this request, asserting that it was unlawful and detrimental to their right to free movement. They maintained that they already held residence and work permits issued by their member state of residence. The Court ruled in favor of the Dutch authorities’ request. The Court ruled that the requirement to obtain an additional residence permit for postings of more than 90 days is justified, as it responds to reasons of collective interest, such as legal certainty and the preservation of public order.

In line with these principles, the host country is able to regulate migration flows more effectively by requiring the possession of a residence permit issued by the member state where the workers are posted. This does not, however, restrict the right to freedom to provide services within the European Union.

For support and assistance in posting EU and non-EU personnel within the European Union, please contact our team.