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2021-03 Reports of Cases before the Court of Justice and the Court of First Instance 1 (2021)

handle is hein.intyb/rcbjcofi0422 and id is 1 raw text is: ZCVRLA Reports of Cases OPINION OF ADVOCATE GENERAL BOBEK delivered on 6 May 20211 Case C-428/19 OL, PM, RO v Rapidsped Fuvarozasi es Szillitmanyozasi Zrt. (Request for a preliminary ruling from the Gyulai T6rvenyszek (Gyula High Court, Hungary) (formerly Gyulai K6zigazgatasi 6s Munkaigyi Bir6sag (Gyula Administrative and Labour Court, Hungary))) (Reference for a preliminary ruling - Directive 96/71/EC - Freedom to provide services - Posting of workers in the context of the provision of services - Drivers working in international transport - Compliance with the minimum rates of pay of the country of posting - Daily allowance - Regulation (EC) No 561/2006 - Fuel economy allowance) I. Introduction 1. The applicants in the main proceedings are international transport vehicle drivers. They are regularly posted from Hungary to France. Alleging that their actual wage during their posting is far below the applicable French minimum wage, thus breaching the conditions of employment guaranteed by Article 3(1) of Directive 96/71/EC2 ('the Posted Workers Directive'), the applicants brought an action against their Hungarian employer before the Gyulai T6rvenyszek (Gyula High Court, Hungary). 2. It is in that context that the referring court seeks guidance on, inter alia, first, whether the Posted Workers Directive applies to the applicants; second, whether per diems paid to the applicants must be considered to form part of their minimum wage; and third, whether a fuel economy allowance that is occasionally paid to the applicants is of such a kind as to endanger road safety, in breach of Regulation (EC) No 561/2006.3 1 Original language: English. 2 Directive of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services (OJ 1997 L 18, p. 1). 3 Regulation of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ 2006 L 102, p. 1). ECLI:EU:C:2021:371 1

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