A temporary-work agency must 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 the same Member State

(Source: Court of Justice of the European Union)

The performance of the activities of selecting and recruiting temporary agency workers in the
Member State in which the temporary-work agency is established is insufficient for it to be
considered that that undertaking ‘substantial activities’ there.

In 2018, a Bulgarian national concluded a contract of employment with Team Power Europe, a
company established in Bulgaria, whose commercial purpose is the provision of temporary work
and work placement services in Bulgaria and in other countries. Pursuant to that contract he was
assigned to a user undertaking established in Germany. From 15 October to 21 December 2018,
he was required to work under the direction and supervision of that German undertaking.

Full Press Release – 92/2021 : 3 June 2021 – Judgment of the Court of Justice in Case C-784/19

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