Question juridique clé
Whether the company's 24-hour home-care model amounts to licensed staff leasing under the AVG/AVV.
Solution extraite
Yes. The decisive factor was that clients in private households exercised substantial employer-like instructions over the embedded care workers, so the activity qualified as staff leasing requiring a licence.
Motifs extraits
The court held that the workers were fully integrated into the client household, performed mainly household and non-medical care tasks, and were directed according to the customers' needs. The contract label and the company's own internal view could not prevail over the concrete work situation. Private households can be 'third parties' or 'user undertakings' when they exercise relevant instruction powers.