Judgment_paragraph 54 · OL and Others v Rapidsped Fuvarozási és Szállítmányozási Zrt (C-428/19)

54In the light of all the foregoing considerations, the answer to the second question is that the second subparagraph of Article 3(7) of Directive 96/71 must be interpreted as meaning that a daily allowance, the amount of which varies according to the duration of the worker’s posting, constitutes an allowance specific to the posting and is part of the minimum wage, unless it is paid in reimbursement of expenditure actually incurred on account of the posting, such as expenditure on travel, board or lodging, or unless it corresponds to an allowance which alters the relationship between the service provided by the worker, on the one hand, and the consideration which he or she receives in return, on the other.

OL and Others v Rapidsped Fuvarozási és Szállítmányozási Zrt (C-428/19)

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