Employees of Hungarian companies were deployed in the cross-border passenger train transport to Austria (e.g. in the on-board restaurant, cleaning, etc). The Austrian Supreme Administrative Court (VwGH) raised several questions to the ECJ regarding the applicability of Directive 96/71/EC (Posting of Workers Directive) and the compatibility of restrictive national regulations with EU provisions in such scenario.

The ECJ's pending decision could be of significance for cross-border land and air transport personnel.

Patrick Kainz, attorney-at-law at Kunz Schima Wallentin Rechtsanwälte GmbH