Confirmation of the service ban against a Dutch company due to violations of working time regulations

Facts

The Dutch company [X.] sent two employees to a construction site in [U.] in June 2012. The Cantonal Economic Affairs Directorate of the Canton of Fribourg then imposed a fine of 2,400 francs on [X.] and prohibited it from offering its services in Switzerland for a period of one year. The Cantonal Court of the Canton of Fribourg confirmed this order. [X.] then filed a complaint with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the complaint. It stated that Switzerland has enacted the Federal Act on Accompanying Measures for the Free Movement of Persons (Posted Workers Act, EntsG) as a flanking measure to the Free Movement of Persons Agreement with the EU, in order to prevent social and wage dumping. The EntsG provides for the possibility of a service ban in…