The growth of the number of persons working in the grey zone between traditional workers and those genuinely self-employed poses the question if EU labour law is still fit for purpose, i.e. providing those in need with the protection they require. Changes either refining the concept of the worker as well as the introduction of a third, intermediary category between workers and selfemployed on the EU-level do not seem too realistic in the near future though. Therefore, one is guided towards the possible activities of the ECJ when called upon to interpret the concept of “worker” in EU labour law.