C-53/81, Levin 1982

• Context: This case also concerns Article 45 TFEU (Free Movement of Persons), specifically regarding the definition of a "worker."

• Facts: Levin, working in the Netherlands, had a short-term, part-time job that paid below the minimum wage. The question was whether this constituted genuine employment under EU law.

• Outcome: The ECJ ruled that employment does not need to be full-time or well-paid to fall under Article 45 TFEU. However, it must not be "purely marginal and ancillary" and should involve effective and genuine activities.

Key Legal Points

◦ Effective and Genuine Activities: The work must be effective and genuine, meaning it should not be so marginal or ancillary as to fall outside the scope of Article 45 TFEU.

◦ Flexibility: Short-term contracts, part-time work, and low-paid work are acceptable as long as they are not purely marginal or ancillary.

◦ Case-by-Case Basis: The determination of whether work qualifies as genuine and effective is made on a case-by-case basis by national courts.