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Case C-97/16: Request for a preliminary ruling from the Juzgado de lo Social No 3 de Barcelona (Spain) lodged on 17 February 2016 — José María Pérez Retamero v TNT Express Worldwide, S.L., Transportes Sapirod, S.L. and Fondo de Garantía Salarial (Fogasa)
ECLI:EU:UNKNOWN:62016CN0097
62016CN0097
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Official Journal of the European Union
C 156/29
(Case C-97/16)
(2016/C 156/38)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Claimant: José María Pérez Retamero
Defendants: TNT Express Worldwide, S.L., Transportes Sapirod, S.L. and Fondo de Garantía Salarial (Fogasa)
Questions referred
1.Must the definition of ‘mobile worker’ given in Article 3(d) of Directive 2002/15/EC (1) be interpreted as precluding domestic legal provisions such as Article 1.3(g) of the Workers’ Statute, which provides that ‘persons providing a transport service by virtue of administrative authorisations of which they are the holders, carried out … using vehicles … of which ownership or a direct power of disposal is vested in them cannot be regarded as ‘mobile workers’?
2.Must the second subparagraph of Article 3(e) of the directive (‘[f]or the purposes of this directive, those drivers who do not satisfy these criteria shall be subject to the same obligations and benefit from the same rights as those provided for mobile workers by this directive’) be interpreted as meaning that, if none or only one of the criteria laid down for a person to be regarded as a ‘self-employed driver’ is fulfilled, the view must be taken that the person concerned is a ‘mobile worker’?
Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities (OJ 2002 L 80, p. 35).