The tension between Austrian national antidumping measures and European Court of Justice decisions

Vienna, Danaj, S. & Kahlert, R. (2021). Vienna: European Centre.

In this policy brief, the authors discuss the tension between national anti-dumping measures and the judicial regulation of posting by the European Court of Justice decisions through the example of the case ‘Maksimovic and others versus Austrian public authorities,’ and how this decision might affect Austrian authorities’ efforts to prevent and prosecute any potential violations committed by certain posting companies. The authors describe the details of the ‘Maksimovic and others’ joined cases, discuss the consequences of the ECJ decision, how it is going to influence posting rule enforcement in Austria and the wider EU and conclude with some take away messages and recommendations. This policy brief is available in English and in German.