Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH

European Union – Workers. The Court of Justice of the European Union gave a preliminary ruling, deciding , among other things, that art 1(1) and (2) of Directive (EC) 2008/104 had to be interpreted as meaning that the scope of that directive covered the assignment by a not-for-profit association, in return for financial compensation, of one of its members to a user undertaking for the purposes of that member carrying out, as his main occupation and under the direction of that user undertaking, work in return for remuneration, where that member was protected on that basis in the member state concerned, that being a matter for the referring court to determine, even if that member did not have the status of worker under national law on the ground that he had not concluded a contract of employment with that association.

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