Will the van den Bosch case before the ECJ clarify whether and which cross-border road transport services are subject to the posting of workers directive?
On April 30, the advocate general published its opinion concerning the van den Bosch Transporten vs.Federatie Nederlandse Vakbeweging case. Principally, he confirms that the directive 96/71/EC (“posting of workers directive”) also applies to a worker who works as a driver in the road transport sector and who is posted to the territory of a Member State other than the Member State in which he or she normally works. At the same time, a posted worker must be understood as a worker who has a sufficient connection with the territory posted to. What does this mean for highly mobile workers? The full text of the General Advocate’s assessment in various languages can be found here.