Joined Cases C-151/04 & C-152/04 Nadin [2005] ECR I-11203

Key point
  • A person is a ‘worker’ within the meaning of Article 45 TFEU if for a certain period of time, he performs services for and under the direction of another person in return for which he receives remuneration
Facts
  • Under Belgian law, company vehicles used in Belgium belonging to companies established in other Member States do not have to registered, unless the person is deemed to be self-employed by virtue of being a position of a manager, director or shareholder of said company outside of a relationship of subordination
  • Preliminary reference was made as to the compatibility of the Belgian provision with Article 45 TFEU (ex Article 39 EC) which guarantees the free movement of workers and Article 49 TFEU (ex Article 43 EC) which guarantees the right to establishment
Held (Court of Justice)
  • The Belgian provision falls under the scope of Article 49 TFEU not Article 45 TFEU, it was incompatible with Article 49
Judgment

On whether Article 49 or 45 applied

  • “Whilst employed workers fall within the ambit of [Article 45 TFEU], self-employed workers are covered by [Article 49 TFEU]”: [42]
  • “Since the essential characteristic of an employment relationship within the meaning of [Article 45 TFEU] is the fact that for a certain period of time a person performs services for and under the direction of another person in return for which he receives remuneration, any activity which a person performs outside a relationship of subordination must be classified as an activity pursued in a self-employed capacity for the purposes of [Article 49 TFEU]”: [42]
  • “It is not for the Court of Justice to establish whether or not there exists a relationship of subordination in the disputes in the main proceedings”: [43
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