C-456/02, Trojani [2004]

Key Points to Note in This Case:

• Context: This case concerns Article 45 TFEU (Free Movement of Persons), specifically addressing who qualifies as a “worker” under EU law.

• Facts: Trojani, an individual involved in a reintegration program, worked at a hostel in another country. Although he did not receive monetary payment, he was provided with benefits in kind, such as accommodation and food.

• Outcome: The ECJ held that Trojani was considered a worker under Article 45 TFEU. The Court clarified that the concept of a worker has a specific EU meaning and should not be interpreted narrowly.

Key Legal Points:

Two Essential Qualities of a Worker:

1. Subordination: The individual must work for or under someone, implying a relationship of authority and dependency.

2. Remuneration: The person must receive payment for their work. This does not need to be monetary; benefits in kind (such as food and accommodation) also qualify as remuneration.

◦ Essential Feature of Employment: The Court emphasised that the essential feature of an employment relationship is that the individual receives remuneration, whether in cash or in kind.

◦ Broad Interpretation: The concept of a worker under EU law is broad, including those who receive benefits other than monetary payment, reflecting the EU's inclusive approach to worker status.