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Case C-427/21: Request for a preliminary ruling from the Bundesarbeitsgericht (Germany) lodged on 14 July 2021 — LD v ALB FILS KLINIKEN GmbH
ECLI:EU:UNKNOWN:62021CN0427
62021CN0427
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Valentina R., lawyer
8.11.2021
Official Journal of the European Union
C 452/5
(Case C-427/21)
(2021/C 452/04)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: LD
Defendant: ALB FILS KLINIKEN GmbH
Questions referred
1.Does Article 1(1) and (2) of Directive 2008/104/EC (1) apply if — as specified in Paragraph 4(3) of the Tarifvertrag für den Öffentlichen Dienst (collective agreement for the public service, ‘the TVöD’) — an employee’s duties are assigned to a third party and this employee must, at the request of his or her current employer while the existing employment relationship with the latter continues, perform his or her contractually agreed work for said third party on a permanent basis and accept technical and organisational instructions from the third party?
2.If Question 1 is answered in the affirmative: Is it consistent with the protective purpose of Directive 2008/104 to exclude ‘supply of staff’ within the meaning of Paragraph 4(3) of the TVöD from the scope of the national protective provisions for personnel leasing, as point 2b of Paragraph 1(3) of the Gesetz zur Regelung der Arbeitnehmerüberlassung (Law on personnel leasing, ‘the AÜG’) does, meaning that these protective provisions are not applicable to cases involving supply of staff?
(1) Directive of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ 2008 L 327, p. 9).