Judgment_paragraph 47 · Edgard Jan De Clercq and Others (C-315/13)

47The Court has already held that such monitoring measures do not fall within the scope of Directive 96/71 and that they are not harmonised at EU level, since Directive 96/71 seeks to coordinate the substantive national rules on the terms and conditions of employment of posted workers, independently of the ancillary administrative rules designed to enable compliance with those terms and conditions to be monitored. Those measures may, therefore, be freely defined by the Member States, in compliance with the Treaty and the general principles of EU law (see, to that effect, the judgment in dos Santos Palhota and Others, C‑515/08, EU:C:2010:589, paragraphs 25 to 27).