Request for a preliminary ruling from the Fővárosi Törvényszék (Hungary) lodged on 6 April 2022 – NQ v Mara-Tóni Bt.
(Case C-244/22)
Language of the case: Hungarian
Referring court
Fővárosi Törvényszék
Parties to the main proceedings
Applicant: NQ
Defendant: Mara-Tóni Bt.
Intervening parties: Foudre Kft., Tasavill Bt.
Questions referred
Does an undertaking that employs, without State authorisation, workers who actually work for a client thereof, to which those workers are assigned, fall within the scope of Article 3(1)(b) of Directive 2008/104/EC? 1
Do workers who have an employment relationship with an undertaking which, in the context of a work contract, assigns them to another undertaking in order to work, with the company that puts them to work providing them with the equipment, tools and instructions necessary to carry out the work, fall within the scope of Article 3(1)(c) of Directive [2008/104]?
In so far as, having regard to the foregoing, the applicant and the electricians should be classified as temporary agency workers, should it be considered that they form an economic unit, a specific group of workers who engage continuously in an economic activity for successive undertakings belonging to the same circle of persons, even though those undertakings lack State authorisation to engage lawfully, either as transferor or transferee, in the temporary transfer of workers as temporary-work agencies and also taking into account the fact that, in the case of temporary agency work, there is, in principle, no transfer of assets?
In so far as those workers are to be classified as an economic unit, as a specific group of workers, do they fall within the scope of Article 1(1) of Directive 2001/23/EC 1 although they are workers assigned by a temporary-work agency?
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1 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ 2008 L 327, p. 9).
1 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ 2001 L 82, p. 16).