Manpower Lit (Judgment) French Text [2021] EUECJ C-948/19 (11 November 2021)

Manpower Lit (Judgment) French Text [2021] EUECJ C-948/19 (11 November 2021)

Directive 2008/104/EC applies to the provision of temporary agency workers to EU agencies such as EIGE, as these agencies can be considered 'enterprise users' engaged in economic activity. Temporary agency workers assigned to EIGE are entitled to the same essential working and employment conditions, including...

Source-derived case information.

Citation
[2021] EUECJ C-948/19
Parties
Applicant: UAB Manpower Lit; Respondent: E. S.; Respondent: M. L.; Respondent: M. P.; Respondent: V. V.; Respondent: R. V.; Intervener: Institut européen pour l’égalité entre les hommes et les femmes (EIGE)
Jurisdiction
European Union
Judgment Date
11 November 2021
Procedural Posture
Preliminary Ruling (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union
Outcome
Preliminary questions answered; Directive 2008/104/EC applies to EIGE and temporary agency workers are entitled to equal treatment.
Legal Topics
Temporary Agency Work, Directive 2008/104/ec, Equal Treatment, Remuneration, Public Sector Employment, EU Agencies, Interpretation of EU Law
European Union Law Labour Law Temporary Agency Work Directive 2008/104/ec Equal Treatment Remuneration Public Sector Employment EU Agencies +1 more

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Parties

UAB Manpower Lit

Applicant

E. S.

Respondent

M. L.

Respondent

M. P.

Respondent

V. V.

Respondent

R. V.

Respondent

Institut européen pour l’égalité entre les hommes et les femmes (EIGE)

Intervener

Procedural Posture

Preliminary Ruling (renvoi Préjudiciel) / Judgment of the Court of Justice of the European Union

  1. 1 Whether EU Directive 2008/104/EC on temporary agency work applies to EU agencies such as EIGE.
  2. 2 Whether EIGE is an 'enterprise user' and exercises an 'economic activity' under the Directive.
  3. 3 Whether temporary agency workers at EIGE are entitled to equal treatment in terms of essential working and employment conditions, including remuneration, as if directly recruited.

Ratio Decidendi

Directive 2008/104/EC applies to the provision of temporary agency workers to EU agencies such as EIGE, as these agencies can be considered 'enterprise users' engaged in economic activity. Temporary agency workers assigned to EIGE are entitled to the same essential working and employment conditions, including remuneration, as if they were directly recruited for the same post, even if EIGE's directly recruited staff are subject to the EU Staff Regulations. Application of the Directive does not infringe the autonomy of EU institutions or confer EU staff status on temporary agency workers.

Court Disposition

Preliminary questions answered; Directive 2008/104/EC applies to EIGE and temporary agency workers are entitled to equal treatment.

Orders

  • Article 1 of Directive 2008/104/EC applies to the provision of temporary agency workers to EIGE.
  • Article 5(1) of Directive 2008/104/EC requires that temporary agency workers at EIGE may be considered as occupying the 'same post' as directly recruited staff, even if those posts are subject to the EU Staff Regulations.