The European Court of Justice has ruled that workers on
international trains providing on-board services are not posted
workers.
On 19 December 2019, the European Court of Justice ruled that
the Posted Workers Directive does not apply to on-board cleaning or
catering services for passengers on internationals trains if the
workers carry out most of the work in one state where they begin
and end their shift.
A Hungarian company provided on-board services (such as
provision of food and drink) on international trains linking
Austria or Germany to Budapest (Hungary), the station of departure
and terminus, using workers living in Hungary.
Following an inspection in Austria, the managing director of the
Hungarian company was found guilty of non-compliance with the
Austrian obligations when posting workers to Austria.
