Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-02/cp210015en.pdf

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Court of Justice of the European Union

PRESS RELEASE No 15/21

Luxembourg, 11 February 2021

Judgment in Joined Cases C-407/19, Katoen Natie Bulk Terminals NV and General Services Antwerp NV v Belgische Staat and C-471/19, Middlegate Europe NV v Ministerraad

Legislation which reserves dock work to recognised workers may be compatible with EU law if it is aimed at ensuring safety in port areas and preventing workplace accidents.

However, the intervention of a joint administrative committee in the recognition of dockers is neither necessary nor appropriate for attaining the objective pursued

Under Belgian law, dock work is governed inter alia by the Law organising dock work, according to which dock work may be carried out only by recognised dockers. In 2014, the European Commission had sent Belgium a letter of formal notice, in which it informed it that its dock work legislation infringed the freedom of establishment (Article 49 TFEU). Following that letter, in 2016, that Member State had adopted a royal decree relating to the recognition of dockers in port areas, establishing the arrangements for the implementation of the Law organising dock work, which had led the Commission to close the infringement procedure against it.

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