C-256/01, Allonby

C-256/01, Allonby
Photo by Austrian National Library / Unsplash

• Context: This case involves Article 45 TFEU (Free Movement of Persons) and the right to residence.

1. Facts

◦ The case concerned the re-employment of former college lecturers under a self-employed scheme, facilitated by a private independent company, rather than being directly employed by the college.

2. Outcome:

◦ The ECJ extended the definition of the term worker to include self-employed persons.

◦ The court’s decision impacted the re-employment of former lecturers under the new self-employed framework, affirming that self-employment also falls under the protection of Article 45 TFEU.

3. Impact and Analysis:

◦ Expanded Definition of Worker: The case highlighted that the term "worker" includes not only traditional employees but also self-employed individuals under EU law.

◦ Self-Employment: This extension ensures that self-employed persons enjoy similar protections and rights as traditional workers, including those related to the free movement and residence provisions.