# C_2011103EN.01000502.xml

| 2.4.2011 | EN | Official Journal of the European Union | C 103/5 |
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2.4.2011

EN

Official Journal of the European Union

C 103/5

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Judgment of the Court (Second Chamber) of 10 February 2011 (references for a preliminary ruling from the Raad van State (Netherlands)) — Vicoplus SC PUH (C-307/09), BAM Vermeer Contracting sp. zoo (C-308/09), Olbek Industrial Services sp. zoo (C-309/09) v Minister van Sociale Zaken en Werkgelegenheid

(Joined Cases C-307/09 to C-309/09) (1)

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(Freedom to provide services - Posting of workers - 2003 Act of Accession - Transitional measures - Access of Polish nationals to the labour market of States which were already Member States of the European Union at the time of the accession of the Republic of Poland - Requirement of a work permit for the making available of labour - Directive 96/71/EC - Article 1(3))

2011/C 103/07

Language of the case: Dutch

Referring court

Referring court

Raad van State

Parties to the main proceedings

Parties to the main proceedings

Applicants: Vicoplus SC PUH (C-307/09), BAM Vermeer Contracting sp. zoo (C-308/09), Olbek Industrial Services sp. zoo (C-309/09)

Applicants:

Defendant: Minister van Sociale Zaken en Werkgelegenheid

Defendant:

Re:

Re:

Reference for a preliminary ruling — Raad van State (Netherlands) — Interpretation of Articles 49 EC and 50 EC and 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 (OJ 1997 L 18, p. 1) — National legislation under which a work permit is required for the making available of workers

Operative part of the judgment

Operative part of the judgment

| 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. |
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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. |
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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.

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(1)  OJ C 267, 7.11.2009.

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