June 18
2021
Anjum Shabbir
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10th June 2021
Internal Market

No freedom of establishment-restriction when national law requires work permit for third-country crew members on vessels flagged in and owned in another Member State, according to AG Hogan

Advocate General Hogan advises the Court of Justice in his Opinion today for the preliminary ruling case VAS Shipping (C‑71/20), finding that national legislation governing the labour market - in this case Danish law requiring work permits from third-country national crew members of vessels registered and owned in another Member State (Sweden) - which applies generally and without distinction, is not a restriction of the freedom of establishment pursuant to Article 49 TFEU. He interprets that article and comes to that conclusion in the light of Article 79(5) TFEU.

The main proceedings concern Danish law that imposes a fine or imprisonment on any person who employs foreign nationals without a work permit - an exemption being applie

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