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Case C-16/18: Judgment of the Court (Grand Chamber) of 19 December 2019 (request for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Michael Dobersberger v Magistrat der Stadt Wien (Reference for a preliminary ruling — Articles 56 and 57 TFEU — Freedom to provide services — Directive 96/71/EC — Applicability — Article 1(3)(a) — Posting of workers in the framework of the provision of services — Provision of services on board international trains — National rules imposing administrative obligations in relation to the posting of workers)
ECLI:EU:UNKNOWN:62018CA0016
62018CA0016
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24.2.2020
Official Journal of the European Union
C 61/2
(Case C-16/18)
(Reference for a preliminary ruling - Articles 56 and 57 TFEU - Freedom to provide services - Directive 96/71/EC - Applicability - Article 1(3)(a) - Posting of workers in the framework of the provision of services - Provision of services on board international trains - National rules imposing administrative obligations in relation to the posting of workers)
(2020/C 61/02)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Michael Dobersberger
Defendant: Magistrat der Stadt Wien
Operative part of the judgment
Article 1(3)(a) 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 must be interpreted as meaning that it does not cover the provision, under a contract concluded by an undertaking established in a Member State and an undertaking established in another Member State, which is contractually linked to a railway undertaking established in that same Member State, of on-board services, cleaning or food and drink services for passengers carried out by salaried employees of the first undertaking, or by workers hired out to it by an undertaking also established in the first Member State, on international trains crossing the second Member State, where those workers carry out a significant part of the work inherent in those services in the territory of the first Member State and where they begin or end their shifts there.
(1) OJ C 123, 9.4.2018.