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Case C-427/21, ALB FILS KLINIKEN: Judgment of the Court (Sixth Chamber) of 22 June 2023 (request for a preliminary ruling from the Bundesarbeitsgericht — Germany) — LD v ALB FILS Kliniken GmbH (Reference for a preliminary ruling — Social policy — Temporary agency work — Directive 2008/104/EC — Article 1 — Scope — Definition of ‘temporary assignment’ — Transfer of duties performed by a worker, from the latter’s employer to a third-party undertaking — Permanent assignment of that worker while maintaining the latter’s initial contract of employment)
ECLI:EU:UNKNOWN:62021CA0427
62021CA0427
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Official Journal of the European Union
C 278/3
(Case C-427/21, (<span class="oj-super oj-note-tag">1</span>) ALB FILS KLINIKEN)
(Reference for a preliminary ruling - Social policy - Temporary agency work - Directive 2008/104/EC - Article 1 - Scope - Definition of ‘temporary assignment’ - Transfer of duties performed by a worker, from the latter’s employer to a third-party undertaking - Permanent assignment of that worker while maintaining the latter’s initial contract of employment)
(2023/C 278/04)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: LD
Defendant: ALB FILS Kliniken GmbH
Operative part of the judgment
Article 1(1) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, read in conjunction with Article 3(1)(b) to (e) thereof,
must be interpreted as meaning that that directive does not apply to a situation in which, first, the duties performed by a worker are transferred definitively by his or her employer to a third-party undertaking and, second, that worker, whose employment relationship with that employer is maintained on account of the fact that that worker has exercised his or her right to object to the transfer of that employment relationship to that third-party undertaking, may be required, at the request of that employer, to perform, on a permanent basis, the work contractually due for that third-party undertaking and, in that context, be subject to the technical and organisational direction of the latter.
Language of the case: German.
ECLI:EU:C:2025:140