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Case C-309/09: Reference for a preliminary ruling from the Raad van State (Netherlands), lodged on 3 August 2009 — Olbek Industrial Services sp. z.o.o.; other party: Minister van Sociale Zaken en Werkgelegenheid
ECLI:EU:UNKNOWN:62009CN0309
62009CN0309
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Valentina R., lawyer
7.11.2009
Official Journal of the European Union
C 267/34
(Case C-309/09)
2009/C 267/64
Language of the case: Dutch
Referring court
Parties to the main proceedings
Applicant: Olbek Industrial Services sp. z o.o.
Questions referred
1.Must Articles 49 EC and 50 EC be interpreted as precluding a national arrangement, as set out in Article 2 of the Netherlands Law on the Employment of Foreign Nationals (Wet arbeid vreemdelingen), read in conjunction with Article 1e(1)(c) of the Decree implementing the Law on the Employment of Foreign Nationals (Besluit uitvoering Wet arbeid vreemdelingen), under which a work permit is required for the hiring-out of workers as referred to in Article 1(3)(c) of Directive 96/71/EC? (1)
2.On the basis of what criteria should it be determined whether workers have been hired out within the meaning of Article 1(3)(c) of Directive 96/71/EC?
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).