Supreme Court rules on scope of German minimum wage legislation


Mag. Jakob Widner, ILO-Newsletter vom 8. Februar 2017

In a novel decision the Supreme Court for the first time ruled on the thin line between the freedoms to provide services afforded under the fundamental treaties of the European Union and legislation by its member states to contain social dumping, which has become a major unintended side effect of labour migration.

National legislation on social dumping and minimum wages can be validly extended to employers of other member states when they perform their services abroad, but this extension is limited where unnecessary and inadequate to accomplish the goals of minimum wage regulations.


Mag. Jakob Widner

LL.M. (NYU) Partner