Martin Meat (Judgment) [2015] EUECJ C-586/13 (18 June 2015)

Martin Meat (Judgment) [2015] EUECJ C-586/13 (18 June 2015)

Austria is entitled to restrict the hiring-out of Hungarian workers on its territory under Chapter 1, paragraph 2, Annex X of the Act of Accession 2003, even outside sensitive sectors. Classification as hiring-out of workers under Directive 96/71/EC depends on whether the movement of workers is the main purpose of the service; if the service provider is liable for contractual performance and free to determine worker numbers, it is less likely to be hiring-out.

Citation
[2015] EUECJ C-586/13
Parties
Applicant: Martin Meat kft; Respondents: Messrs Simonfay and Salburg
Jurisdiction
European Union
Judgment Date
18 June 2015
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference From National Court
Outcome
Questions answered; guidance provided to national court.
Legal Topics
Posting of Workers, Freedom of Movement for Workers, Hiring Out of Workers, Transitional Provisions on Accession, Work Permits
European Union Law Labour Law Posting of Workers Freedom of Movement for Workers Hiring Out of Workers Transitional Provisions on Accession Work Permits

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Parties

Martin Meat kft

Applicant

Messrs Simonfay and Salburg

Respondents

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference From National Court

Legal Issues

  1. 1 Whether Austria may restrict the hiring-out of Hungarian workers outside sensitive sectors under transitional EU accession provisions
  2. 2 Criteria for classifying a contractual relationship as hiring-out of workers under Directive 96/71/EC

Ratio Decidendi

Austria is entitled to restrict the hiring-out of Hungarian workers on its territory under Chapter 1, paragraph 2, Annex X of the Act of Accession 2003, even outside sensitive sectors. Classification as hiring-out of workers under Directive 96/71/EC depends on whether the movement of workers is the main purpose of the service; if the service provider is liable for contractual performance and free to determine worker numbers, it is less likely to be hiring-out.

Court Disposition

Questions answered; guidance provided to national court.

Orders

  • Austria may restrict hiring-out of Hungarian workers under transitional provisions, even outside sensitive sectors.
  • Classification as hiring-out of workers requires assessment of whether movement of workers is the main purpose of the service; liability for performance and freedom to determine worker numbers are relevant factors.