CELEX: 62015CA0216
Language: en
Date: 2016-11-17 00:00:00
Title: Case C-216/15: Judgment of the Court (Fifth Chamber) of 17 November 2016 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH (Reference for a preliminary ruling — Directive 2008/104/EC — Temporary agency work — Scope — Concept of ‘worker’ — Concept of ‘economic activities’ — Nursing staff who do not have a contract of employment assigned to a health care institution by a not-for-profit association)

16.1.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 14/7
            
         Judgment of the Court (Fifth Chamber) of 17 November 2016 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH
   (Case C-216/15) (1)
   
   ((Reference for a preliminary ruling - Directive 2008/104/EC - Temporary agency work - Scope - Concept of ‘worker’ - Concept of ‘economic activities’ - Nursing staff who do not have a contract of employment assigned to a health care institution by a not-for-profit association))
   (2017/C 014/09)
   Language of the case: German
   
      Referring court
   
   Bundesarbeitsgericht
   
      Parties to the main proceedings
   
   
      Appellant: Betriebsrat der Ruhrlandklinik gGmbH
   
      Respondent: Ruhrlandklinik gGmbH
   
      Operative part of the judgment
   
   Article 1(1) and (2) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work must be interpreted as meaning that the scope of that directive covers the assignment by a not-for-profit association, in return for financial compensation, of one of its members to a user undertaking for the purposes of that member carrying out, as his main occupation and under the direction of that user undertaking, work in return for remuneration, where that member is protected on that basis in the Member State concerned, this being a matter for the referring court to determine, even if that member does not have the status of worker under national law on the ground that he has not concluded a contract of employment with that association.
   
      (1)  OJ C 270, 17.8.2015.