Judgment of the Court (Second Chamber) of 11 November 2021 (request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas — Lithuania) — UAB ‘Manpower Lit’ v E.S., M.L., M.P., V.V., R.V.

(Case C-948/19) (1)

(Reference for a preliminary ruling - Social policy - Temporary work - Directive 2008/104/EC - Article 1 - Scope of application - Concepts of ‘public undertaking’ and ‘pursuit of an economic activity’ - EU agencies - The European Institute for Gender Equality (EIGE) as a ‘user undertaking’, pursuant to Article 1(2) of that Directive - Article 5(1) - Principle of equal treatment - Basic working and employment conditions - Concept of ‘same job’ - Regulation (EC) No 1922/2006 - Article 335 TFEU - Principle of administrative autonomy of an EU institution - Article 336 TFEU - Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union)

(2022/C 11/06)

Language of the case: Lithuanian

Referring court

Lietuvos Aukščiausiasis Teismas

Parties to the main proceedings

Applicant: UAB ‘Manpower Lit’

Defendants: E.S., M.L., M.P., V.V., R.V.

Operative part of the judgment

1.

Article 1 of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary work must be interpreted as meaning that the scope of that directive covers the assignment by a temporary-work agency of persons who have concluded a contract of employment with that agency to the European Institute for Gender Equality (EIGE) to perform work there;

2.

Article 5(1) of Directive 2008/104 must be interpreted as meaning that the job occupied by a temporary agency worker who is assigned to the European Institute for Gender Equality (EIGE) may be regarded as constituting the ‘same post’ within the meaning of that provision, even if it is assumed that all the jobs for which the EIGE recruits workers directly involve tasks which can be performed only by persons subject to the Staff Regulations of Officials of the European Union.

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(1)  OJ C 77, 9.3.2020.