ECJ 3 June 2021, case C-784/19 (TEAM POWER EUROPE), Social Insurance, Temporary Agency Work, Posting of Workers and Expatriates

Summary

A temporary-work agency must carry out a significant part of its activities of assigning temporary agency workers locally for local social insurance to be applicable. The ECJ’s summary can be found here.

Question

Must Article 14(2) of Regulation No 987/2009  be interpreted as meaning that a temporary-work agency established in a Member State must, in order for it to be considered that it ‘normally carries out its activities’, within the meaning of Article 12(1) of Regulation No 883/2004, in that Member State, carry out a significant part of its activities of assigning temporary agency workers for the benefit of user undertakings established and carrying out their activities in the territory of that Member State?

Ruling

Article 14(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems must be interpreted as meaning that a temporary-work agency established in a Member State must, in order for it to be considered that it ‘normally carries out its activities’, within the meaning of Article 12(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, in that Member State, carry out a significant part of its activities of assigning temporary agency workers for the benefit of user undertakings established and carrying out their activities in the territory of that Member State.