Revistes Catalanes amb Accés Obert (RACO)

Restrictions on social clauses in public contracts imposed by the freedom to provide services. Commentary of the European Court of Justice’s decision of September 18th 2014, case C-549/13

Daniel Martínez Fons


The European Court of Justice ruled on the adequacy with the right to freedom to provide services of the obligation to respect wages established in a collective agreement in the case of a subcontractor of the tender of a tendering process that develops the provision of services from a different Member State of the tendering administration. The ECJ rules applying the proportionality principle: the mentioned obligation is not justified, neither from the perspective of the protection of workers, as imposing the contractor the payment of a higher salary and unrelated to the cost of living in the Member State deprives subcontractors from benefiting from the comparative advantage of the differences in wages in the different Member States.

Full Text: PDF (Castellano)

ISSN: 1699-2938