Determination which undertaking is ''the employer''

The Court of Justice of the EU on 16 July 2020 issued a judgement in case C-610/18, AFMB Ltd and Others vs. Raad van bestuur van de Sociale verzekeringsbank, in which the Court has interpreted the concept of ''the employer'' for the purposes of EU law concerning the application and coordination of social security systems. According to the ruling the employer of an international longdistance lorry driver, for the purposes of considered provisions, is the undertaking which has actual authority over that driver, which bears, in reality, the costs of paying wages, and which has the actual power to dismiss that driver, and not the undertaking with which that driver has concluded an employment contract and which is formally named in that contract as being the employer.