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Comliance judgement Raad van State
A fine is imposed to a partnership (‘v.o.f.’) of two Polish nationals. According the Labour Inspection the partnership is no fake partnership. The Labour Inspection imposed the fine because there are not sufficient supports that they could be considered as self employed under EU-law. The High Administrative Court (‘Raad van State’) ruled in her judgement of 29 September 2010 (201001238/1) that this motivation is not sufficient to argue that the two Polish nationals can be considered as employees of the partnership. The fine is unlawfully imposed.