C-356/21, JK v TP SA 2023

Key Points to Note in This Case:

• Context: This case relates to Article 45 TFEU (Free Movement of Persons) and the broader concept of what constitutes a 'worker' under EU law.

• Facts: The case involved a dispute where the concept of 'personal work' was tested. The ruling indirectly addresses the nature of employment and self-employment, and how these categories impact social rights within the EU.

Outcome:

◦ The ruling offers a new perspective on the notion of 'personal work,' potentially affecting how traditional distinctions between employment and self-employment are viewed.

◦ This case could have transformative effects on the understanding of social rights in the EU, moving towards a more status-neutral conceptualisation rather than strictly dividing employment types.

Key Legal Points:

◦ Redefining Worker Status: The case challenges traditional classifications of employment and self-employment, potentially leading to a more flexible and inclusive approach to social rights and worker protections.

◦ Broader Implications: This case might influence other areas of EU law, leading to a more integrated view of worker status that considers personal work more broadly.

◦ Potential Transformations: If adopted, the ruling could impact various legal and social frameworks across the EU, reflecting a shift towards a more unified understanding of worker rights and status.