Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 02/10/2011

Subject: The Court affirmed that Articles 56 TFEU and 57 TFEU do not preclude a Member State from making, during the transitional period provided for in Act concerning the conditions of accession of Estonia, Czech Republic, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovak Republic, the hiring-out of workers who are Polish nationals subject to the obtaining of a work permit. The hiring-out of workers is a service provided for remuneration in respect of which the worker who has been hired out remains in the employ of the undertaking providing the service, no contract of employment being entered into with the user undertaking. It is characterised by the fact that the movement of the worker to the host Member State constitutes the very purpose of the provision of services effected by the undertaking providing the services and that that worker carries out his tasks under the control and direction of the user undertaking.

Parties: Viclopus

Classification: Freedoms - Art. 15 Freedom to provide services

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