Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/18/2015

Subject: The Court affirmed that Austria is entitled to restrict the hiring-out of workers on its territory, even though that provision does not concern a sensitive sector. In order to determine whether that contractual relationship must be classified as a hiring-out of workers, the Court affirmed that it is necessary to take into consideration each element indicating whether the movement of workers in the host Member State is the very purpose of the supply of services on which the contractual relationship is based. In principle, evidence that such a movement is not the very purpose of the supply of services at issue are, inter alia, the fact that the service provider is liable for the failure to perform the service in accordance with the contract and the fact that that service provider is free to determine the number of workers he deems necessary to send to the host Member State. By contrast, the fact that the undertaking which receives those services checks the performance of the service for compliance with the contract or that it may give general instructions to the workers employed by the service provider does not, as such, lead to the finding that there is a hiring-out of workers

Parties: Martin Meat

Classification: Freedoms - Art. 15 Freedom to provide services

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