# C_2015279EN.01000701.xml

| 24.8.2015 | EN | Official Journal of the European Union | C 279/7 |
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24.8.2015

EN

Official Journal of the European Union

C 279/7

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Judgment of the Court (Fourth Chamber) of 18 June 2015 (request for a preliminary ruling from the Pesti központi kerületi bírόság (Hungary)) — Martin Meat kft v Géza Simonfay, Ulrich Salburg

(Case C-586/13) (1)

((Reference for a preliminary ruling - Freedom to provide services - Directive 96/71/EC - Article 1(3)(a) and (c) - Posting of workers - Hiring out of workers - Act of Accession of 2003 - Chapter 1, paragraphs 2 and 13 of Annexe X - Transitional measures - Access of Hungarian nationals to the labour market of States already members of the European Union at the date of accession to the European Union of the Republic of Hungary - Requirement of a work permit for the hiring out of workers - Non-sensitive sectors))

(2015/C 279/08)

Language of the case: Hungarian

Referring court

Pesti központi kerületi bírόság

Parties to the main proceedings

Applicant: Martin Meat kft

Defendants: Géza Simonfay, Ulrich Salburg

Operative part of the judgment

| 1. | Chapter 1, paragraph 2, and paragraph 13, of Annex X 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, must be interpreted as meaning that the Republic of Austria is entitled to restrict the hiring-out of workers on its territory, in accordance with Chapter 1, paragraph 2 of that annex, even though that provision does not concern a sensitive sector, within the meaning of Chapter 1, paragraph 13, thereof. |
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1.

Chapter 1, paragraph 2, and paragraph 13, of Annex X 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, must be interpreted as meaning that the Republic of Austria is entitled to restrict the hiring-out of workers on its territory, in accordance with Chapter 1, paragraph 2 of that annex, even though that provision does not concern a sensitive sector, within the meaning of Chapter 1, paragraph 13, thereof.

| 2. | In order to determine whether a contractual relationship, such as that at issue in the main proceedings, must be classified as a hiring-out of workers, 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, 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. |
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2.

In order to determine whether a contractual relationship, such as that at issue in the main proceedings, must be classified as a hiring-out of workers, 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, 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.

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(1)  
  OJ C 71, 8.3.2014.

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