JH v KG (Missions successives dans le cadre du travail intérimaire)

Country :

Register number :


Applicable law/instrument :

Temporary Agency Work Directive 2008/104

Branch of law :

Judgement date :


Social policy – Directive 2008/104/EC – Temporary agency work – Article 5(5) – Equal treatment – Appropriate measures to prevent misuse of temporary agency work – Obligation for Member States to prevent successive assignments – No limits in national law – Requirement to interpret national law in conformity with EU law

Request for a preliminary ruling

Must Article 5(5) of Directive 2008/104 be interpreted as precluding the application of [Legislative Decree No 276/2003], which:

(a)      does not place limits on successive assignments of the same worker to the same user undertaking;

(b)      does not require that, in order for the use of fixed-term supply work to be lawful, there must be technical, production, organisational or replacement reasons for having recourse to such supply work;

(c)      does not provide that, in order for the use of such a form of employment contract to be lawful, the production requirement of the user undertaking must be temporary in nature?


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