2 . 3 . DUTY O F C O - O P E R A T I ON
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In order to examine whether Member Stales maybe duty bound by Community law
to accord effect to mandatory law of sister Member States beyond the confines of the judgment in Rusli Portuguesn, the Court has consistently held that Community law
does not preclude a Member State from extending its legislation or collective labour
agreements relating to minimum wages to any person employed, even temporarily,
within its territory. These cases concerned enforcement proceedings bv State agencies
against the employer. However, if an employer does not comply with the prescribed
minimum wage in the host Member State, the employee too has a cause of action
and may seek compensation. 1' S/he could do so before the courts of the Member State
not of temporary employment but of the Member State where s/he habitually carries
out his or her work or where the employer is domiciled.1 ; " Then it would be up to that
court to accord effect to the measure (the minimum wage) of the sister Member State.
National law may allow the court to do so, 4 but should it be a question of national
law alone? Giving effect to the measure would still result in an obstacle to trade and
not doing so would still harm the interest taking precedence over the freedoms.