Advocate General at the Court of Justice: Agency Work Directive does not preclude permit rule for third-country nationals
On 5 November 2026, Advocate General Norkus delivered his opinion at the Court of Justice of the EU in case C-544/25 (ACC Business Development), on Directive 2008/104/EC on temporary agency work. An opinion is advisory: the Court will rule later and is not bound by it.
What happened?
A Romanian company operating as a temporary work agency applied for a work permit for a Sri Lankan worker, in order to assign her to a manufacturing company. The permit was refused, partly because under Romanian law the applicant itself must carry out the activity for which the permit is sought. As a result, a temporary work agency cannot employ third-country nationals as agency workers.
The Advocate General's opinion
According to the AG, the conditions for work permits fall outside the Directive: that is immigration policy. However, in his view the rule is a restriction on the use of temporary agency work within the meaning of Article 4(1). Such a restriction can be justified only on grounds of general interest. He sees such grounds here, such as preventing fraudulent use of the permit system and the exploitation of migrant workers. His proposal: the Directive does not preclude the rule; proportionality is for the Romanian court to assess.
Why this matters
If the Court follows the AG, rules on, for example, labour migration can also be a restriction on the use of agency work that must be justified. That is relevant for national measures on agency work and labour migration, including in the Netherlands.
Practical tips
Follow the Court's judgment: only that is binding for the interpretation of the Directive.
Map how far your organisation depends on agency workers from third countries, and which permit rules apply.
Expect national restrictions on agency work to be tested more often against Article 4 of the Directive.
Read more on this topic in our knowledge base, including the Temporary Agency Work Directive. Questions about your own situation? Contact us.
This blog provides general information and is not legal advice. For advice on a specific situation, please contact us.
