Judgment_paragraph 82 · Katoen Natie Bulk Terminals NV and General Services Antwerp NV v Belgische Staat and Middlegate Europe NV v Ministerraad (C-407/19, C-471/19)

82In the second place, it should be specified that such legislation also falls within the scope of Article 45 TFEU. After all, that provision may be relied on not only by the workers themselves, but also by their employers. In order to be truly effective, the right of workers to be engaged and employed without discrimination necessarily entails as a corollary the employer’s entitlement to engage them in accordance with the rules governing freedom of movement for workers (judgment of 16 April 2013, Las, C‑202/11, EU:C:2013:239, paragraph 18). The provisions laid down in the FEU Treaty relating to freedom of movement for persons are intended to facilitate the pursuit by nationals of Member States of occupational activities of all kinds throughout the European Union, and preclude measures which might place those nationals at a disadvantage when they wish to pursue an economic activity in the territory of another Member State. Those provisions and, in particular, Article 45 TFEU thus preclude any national measure which, even though applicable without discrimination on grounds of nationality, is capable of hindering or rendering less attractive the exercise by Union nationals of the fundamental freedoms guaranteed by the Treaty (judgment of 16 April 2013, Las, EU:C:2013:239, paragraphs 19 and 20 and the case-law cited).