This document is an excerpt from the EUR-Lex website
Document 62021CN0710
Case C-710/21: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 25 November 2021 — IEF Service GmbH v HB
Case C-710/21: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 25 November 2021 — IEF Service GmbH v HB
Case C-710/21: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 25 November 2021 — IEF Service GmbH v HB
OJ C 165, 19.4.2022, p. 24–25
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
OJ C 165, 19.4.2022, p. 21–21
(GA)
19.4.2022 |
EN |
Official Journal of the European Union |
C 165/24 |
Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 25 November 2021 — IEF Service GmbH v HB
(Case C-710/21)
(2022/C 165/31)
Language of the case: German
Referring court
Oberster Gerichtshof
Parties to the main proceedings
Appellant on a point of law and original defendant: IEF Service GmbH
Respondent in the appeal on a point of law and original applicant: HB
Questions referred
1. |
Is Article 9(1) of Directive 2008/94/EC (1) of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer to be interpreted as meaning that an undertaking within the meaning of that article carries out activities in the territories of at least two Member States where it offers its services in another Member State, employs a freelance sales engineer there for that purpose and an employee employed at the registered office of the undertaking regularly works every second week in his or her home office in the other Member State? |
2. |
If Question 1 is answered in the affirmative: Is Article 9(1) of Directive 2008/94/EC to be interpreted as meaning that an employee of such an undertaking who is resident in the second Member State and is subject to compulsory social insurance there, but alternately works for one week in the Member State in which the employer has its registered office and then the next week in the Member State in which he or she is resident and is subject to compulsory social insurance, ‘habitually’ works in both Member States within the meaning of that article? |
3. |
If Question 2 is answered in the affirmative: Is Article 9(1) of Directive 2008/94/EC to be interpreted as meaning that the guarantee institution responsible for meeting the outstanding claims of an employee who works or habitually works in two Member States is
|
(1) Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (Codified version) (OJ 2008 L 283, p. 36).