Recital 28

False Self-Employment and the Case-Law of the Court of Justice Unofficial title

The abuse of the status of self-employed persons, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. False self-employment occurs when a person is declared to be self-employed while fulfilling the conditions characteristic of an employment relationship. A false declaration of self-employment is often made to avoid certain legal or fiscal obligations or to create a competitive advantage compared to law-abiding undertakings. In a number of judgments ⁽¹²⁾, the Court of Justice has ruled that the classification of a self-employed person under national law does not prevent that person from being classified as a worker within the meaning of Union law if that person’s independence is merely notional, thereby disguising an employment relationship.

Footnotes

(12) Judgments of the Court of Justice of
— 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg, C-66/85, ECLI:EU:C:1986:284;
— 13 January 2004, Debra Allonby v Accrington & Rossendale College, Education Lecturing Services, trading as Protocol Professional and Secretary of State for Education and Employment, C-256/01, ECLI:EU:C:2004:18;
— 14 October 2010, Union Syndicale Solidaires Isère v Premier ministre and Others, C-428/09, ECLI:EU:C:2010:612;
— 11 November 2010, Dita Danosa v LKB Līzings SIA, C-232/09, ECLI:EU:C:2010:674;
— 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, ECLI:EU:C:2014:2411;
— 9 July 2015, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, C-229/14, ECLI:EU:C:2015:455;
— 17 November 2016, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15, ECLI:EU:C:2016:883;
— 16 July 2020, UX v Governo della Repubblica italiana, C-658/18, ECLI:EU:C:2020:572;
and order of the Court of Justice of 22 April 2020, B v Yodel Delivery Network Ltd, C-692/19, ECLI:EU:C:2020:288.

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Text as at 29 October 2026.

This is an unofficial convenience version of the EU Platform Work Directive (Directive (EU) 2024/2831). It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in October 2026.