Posted workers: Commission takes action against the Netherlands

The European Commission decided on 9 February 2004 to open infringement proceedings against the Netherlands following a judgement delivered by the country's Supreme Court (Hige Raad der Nederlanden), the effect of which was to exclude from the Dutch social security system a worker posted to Germany and in possession of a certificate of posting.

The Commission felt that the Supreme Court's reasoning was inconsistent with the EU's principles and rules on freedom of movement for workers. It therefore sent a letter of formal notice to the Dutch authorities, asking them to submit their comments within two months.