Directive 2014/66/EU of the European Parliament and of the CouncilShow full title

Article 8 Withdrawal or non-renewal of the intra-corporate transferee permit

1. Member States shall withdraw an intra-corporate transferee permit in any of the following cases:

(a) where it was fraudulently acquired, or falsified, or tampered with;

(b) where the intra-corporate transferee is residing in the Member State concerned for purposes other than those for which he or she was authorised to reside;

(c) where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees.

2. Member States shall, if appropriate, withdraw an intra-corporate transferee permit where the employer or the host entity has been sanctioned in accordance with national law for undeclared work and/or illegal employment.

3. Member States shall refuse to renew an intra-corporate transferee permit in any of the following cases:

(a) where it was fraudulently acquired, or falsified, or tampered with;

(b) where the intra-corporate transferee is residing in the Member State concerned for purposes other than those for which he or she was authorised to reside;

(c) where the host entity was established for the main purpose of facilitating the entry of intra-corporate transferees;

(d) where the maximum duration of stay as defined in Article 12(1) has been reached.

4. Member States shall, if appropriate, refuse to renew an intra-corporate transferee permit where the employer or the host entity has been sanctioned in accordance with national law for undeclared work and/or illegal employment.

5. Member States may withdraw or refuse to renew an intra-corporate transferee permit in any of the following cases:

(a) where Article 5 is not or is no longer complied with;

(b) where the employer or the host entity has failed to meet its legal obligations regarding social security, taxation, labour rights or working conditions;

(c) where the employer's or the host entity's business is being or has been wound up under national insolvency laws or if no economic activity is taking place;

(d) where the intra-corporate transferee has not complied with the mobility rules set out in Articles 21 and 22.

6. Without prejudice to paragraphs 1 and 3, any decision to withdraw or to refuse to renew an intra-corporate transferee permit shall take account of the specific circumstances of the case and respect the principle of proportionality.