January 27
2022
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15th June 2021
Employment & Immigration

Op-Ed: “Posting of Workers, Social Security Costs and the Levelling of the Playing Field – the Court’s Judgment in Team Power Europe” by Daniela Krömer

In its Team Power Europe judgment dated 3rd June 2021 (C-784/19), the Court of Justice made it clear that a temporary work agency (TWA) posting workers to another Member State can only make use of the exception in Article 12 of Regulation 883/2004 if it carries out a significant part of its activities to assign temporary agency workers in the territory of the Member State in which it is established. The Court hence deviated from the Opinion of Advocate General Campos Sánchez-Bordona who suggested a broader use of that exception limited only by its fraudulent or abusive use on behalf of the company. The Court’s judgment is an important game-changer in what many perceive to be unfair competition based on the different social security stand

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