Manpower Lit (Social policy - Temporary work - Opinion) [2021] EUECJ C-948/19_O (15 July 2021)

Manpower Lit (Social policy - Temporary work - Opinion) [2021] EUECJ C-948/19_O (15 July 2021)

EU agencies such as EIGE are 'user undertakings' under Directive 2008/104/EC if they engage in economic activities. The Directive precludes its application to assignments to user undertakings not engaged in economic activities. EIGE's activities, as defined in its founding regulation, constitute economic activities for the purposes of the Directive. Where temporary agency workers perform the same functions as statutory staff, they are entitled to equal pay under Article 5(1) of the Directive, and this does not infringe the administrative autonomy of the agency or the Staff Regulations, as the obligation falls on the employer, not the agency.

Citation
[2021] EUECJ C-948/19_O
Parties
Defendant Employer: UAB “Manpower Lit”; Applicant: E. S.; Applicant: M. L.; Applicant: M. P.; Applicant: V. V.; Applicant: R. V.; Joined Party (user Undertaking): European Institute for Gender Equality (EIGE)
Jurisdiction
European Union
Judgment Date
15 July 2021
Procedural Posture
Preliminary Ruling (reference) / Opinion of Advocate General Before Court of Justice of the European Union
Outcome
Opinion: EU agencies such as EIGE are user undertakings under Directive 2008/104/EC if engaged in economic activities; temporary agency workers performing the same functions as statutory staff are entitled to equal pay; national law cannot extend the Directive to non-economic activities; no infringement of...
Legal Topics
Temporary Agency Work, Equal Treatment, Remuneration, Scope of EU Directives, Employment Discrimination, Administrative Autonomy of EU Agencies
European Union Law Labour Law Social Policy Temporary Agency Work Equal Treatment Remuneration Scope of EU Directives Employment Discrimination +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

UAB “Manpower Lit”

Defendant Employer

E. S.

Applicant

M. L.

Applicant

M. P.

Applicant

V. V.

Applicant

R. V.

Applicant

European Institute for Gender Equality (EIGE)

Joined Party (user Undertaking)

Procedural Posture

Preliminary Ruling (reference) / Opinion of Advocate General Before Court of Justice of the European Union

Legal Issues

  1. 1 Whether EU agencies such as EIGE are 'user undertakings' under Directive 2008/104/EC
  2. 2 Whether Directive 2008/104/EC applies to user undertakings not engaged in economic activities
  3. 3 Whether EIGE's activities constitute 'economic activities' under the Directive

Ratio Decidendi

EU agencies such as EIGE are 'user undertakings' under Directive 2008/104/EC if they engage in economic activities. The Directive precludes its application to assignments to user undertakings not engaged in economic activities. EIGE's activities, as defined in its founding regulation, constitute economic activities for the purposes of the Directive. Where temporary agency workers perform the same functions as statutory staff, they are entitled to equal pay under Article 5(1) of the Directive, and this does not infringe the administrative autonomy of the agency or the Staff Regulations, as the obligation falls on the employer, not the agency.

Court Disposition

Opinion: EU agencies such as EIGE are user undertakings under Directive 2008/104/EC if engaged in economic activities; temporary agency workers performing the same functions as statutory staff are entitled to equal pay; national law cannot extend the Directive to non-economic activities; no infringement of...