I "lavoratori autonomi individuali" nella prospettiva della Commissione Europea

OMBRETTA DESSI'

2025-01-01

---

Abstract

The contribution is dedicated to the notion of "solo self-employed workers" derived from the European Commission communication of 29 September 2022, containing "Guidelines on the application of Union competition law to collective agreements on working conditions for individual self-employed workers". The first step of the investigation concerns the examination of the case law of the Court of Justice of the European Union on the subject of "false self-employed workers" (FNV Kunsten ruling), in order to verify whether there is a difference between the two expressions. The core of the research is the concept of "solo self-employed workers" and its essential elements, namely the individuality of the economic operators corresponding to them, consisting in the absence of subordinate workers under their control, and the mainly personal nature of their performance. The examination of the first sub-type into which solo self-employed workers are divided, namely those comparable to employees, and the second one, consisting of "solo self-employed workers" who cannot be compared to them, is considered very significant. The final profile of the study concerns the impact that this concept can have on European Union law, primarily from the point of view of antitrust law, but also from the point of view of the labour law.