E-6/25
Klik hier voor het dossier van het EVA-hof (voor zover beschikbaar).
Deadlines: Motivation ministry: 6 May 2025 Written observations: 24 June 2025
Keywords: working environment, equal treatment, ship labour
Subject: Temporary Agency Work Directive: Section 14-12a subsection 1; Working Environment Act: art. 5(1) ; Ship Labour Act and EEA Agreement: Annex XVIII no. 32k Article 5(1).
Facts of the case: The Supreme Court of Norway has requested an advisory opinion from the EFTA Court regarding whether EU rules on equal treatment for temporary agency workers apply to employees of a Norwegian staffing agency who were hired out to work on multipurpose vessels in petroleum operations on the Norwegian continental shelf. The dispute arose after the workers, paid less than regular employees for similar work, claimed back pay under Norwegian labour law. Lower courts differed in their rulings, and the Supreme Court is now seeking clarification due to uncertainties about the Directive’s scope, especially concerning maritime contexts and offshore locations.
Request for an advisory opinion: Should Article-5 of the European Parliament and Council Directive 2008/104/EC of 19 November 2008 on temporary agency work (the Temporary Agency Work Directive) be interpreted to mean that the provision applies to employees of a temporary work agency domiciled in an EEA State during the period they are hired out for labour to an undertaking domiciled in the same EEA State on board a vessel used in connection with petroleum activities on that State's continental shelf?
Cited (recent) case-law: C-347/10
Policy Area: SZW
