1304The EU legislature omitted the other elements attesting to the existence of a link between the driver and the host Member State, in particular the duration of the driver’s stay on the territory of that State, as well as the Member State of establishment. As is apparent from the Impact assessment – social section, the temporal criterion best corresponds to the mobile nature of transport services. In the judgment of 15 March 2001, Mazzoleni and ISA (C‑165/98, EU:C:2001:162), the Court held that it was incumbent on the competent authorities of the host Member State, in order to determine whether the application of the legislation of that State imposing a minimum wage was necessary and proportionate, to evaluate all the relevant elements, including the duration of the provision of services.
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