Vicoplus – posting of workers
Judgment of the Court of Justice in the Vicoplus, BAM Vermeer Contracting en Olbek Industrial Services cases (C-307/09, C-308/09 en C-309/09) on 10 February 2011 concerning the question whether Articles 56 TFEU and 57 TFEU preclude legislation of a Member State under which the hiring-out, within the meaning of Article 1(3)(c) of Directive 96/71, in the territory of that State, of workers who are nationals of another Member State is made subject to the obtaining of a work permit.
The Court rules as follows:
1. Articles 56 TFEU and 57 TFEU do not preclude a Member State from making, during the transitional period provided for in Chapter 2, paragraph 2, of Annex XII to the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, the hiring-out, within the meaning of Article 1(3)(c) of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, on its territory, of workers who are Polish nationals subject to the obtaining of a work permit.
2. The hiring-out of workers, within the meaning of Article 1(3)(c) of Directive 96/71, is a service provided for remuneration in respect of which the worker who has been hired out remains in the employ of the undertaking providing the service, no contract of employment being entered into with the user undertaking. It is characterised by the fact that the movement of the worker to the host Member State constitutes the very purpose of the provision of services effected by the undertaking providing the services and that that worker carries out his tasks under the control and direction of the user undertaking.