Commission of the European Communities v Republic of Austria (C-168/04)

Judgment of 21 Sept 2006

law://eu/cjeu/2004/c-168-04/para_66@2026-11-12

66Furthermore, the Austrian Government's arguments based on the limited number of nationals of non-Member States to which the requirement of automatic refusal is likely to apply and the fact that it is impractical to enact a prohibition on the residence of a national of a non-Member State present in Austria, are not well founded. From the information provided in the declaration prior to the posting, referred to in paragraphs 52 and 57 of this judgment, it is fully possible for the competent national authorities to take, in each case, the necessary measures should it become apparent that the worker to be posted poses a threat to public policy or public security before that worker arrives in Austria.

Commission of the European Communities v Republic of Austria (C-168/04)

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