Case C‑533/13

Auto- ja Kuljetusalan Työntekijäliitto AKT ry

v

Öljytuote ry

And

Shell Aviation Finland Oy

(Request for a preliminary ruling from the työtuomioistuin)

‛Reference for a preliminary ruling — Social policy — Directive 2008/104/EC — Temporary agency work — Article 4(1) — Prohibitions or restrictions on the use of temporary agency work — Justification — Grounds of general interest — Obligation to review — Scope’

Summary — Judgment of the Court (Grand Chamber), 17 March 2015

Social policy — Temporary agency work — Directive 2008/104 — Prohibitions or restrictions on the use of temporary agency work — Justification — Grounds of general interest — Obligation to review — Scope

(European Parliament and Council Directive 2008/104, Art. 4(1))

Article 4(1) of Directive 2008/104/EC on temporary agency work must be interpreted as meaning that:

— the provision is addressed only to the competent authorities of the Member States, imposing on them an obligation to review in order to ensure that any potential prohibitions or restrictions on the use of temporary agency work are justified, and, therefore,

— the provision does not impose an obligation on national courts not to apply any rule of national law containing prohibitions or restrictions on the use of temporary agency work which are not justified on grounds of general interest within the meaning of Article 4(1).

As a result, the Member States are free either to remove any prohibitions and restrictions which could not be justified under Article 4(1) of Directive 2008/104 or to adapt them so that they can, where appropriate, be justified under that provision.

(see paras 30, 32, operative part)

Case C‑533/13

Auto- ja Kuljetusalan Työntekijäliitto AKT ry

v

Öljytuote ry

And

Shell Aviation Finland Oy

(Request for a preliminary ruling from the työtuomioistuin)

‛Reference for a preliminary ruling — Social policy — Directive 2008/104/EC — Temporary agency work — Article 4(1) — Prohibitions or restrictions on the use of temporary agency work — Justification — Grounds of general interest — Obligation to review — Scope’

Summary — Judgment of the Court (Grand Chamber), 17 March 2015

Social policy — Temporary agency work — Directive 2008/104 — Prohibitions or restrictions on the use of temporary agency work — Justification — Grounds of general interest — Obligation to review — Scope

(European Parliament and Council Directive 2008/104, Art. 4(1))

Article 4(1) of Directive 2008/104/EC on temporary agency work must be interpreted as meaning that:

— the provision is addressed only to the competent authorities of the Member States, imposing on them an obligation to review in order to ensure that any potential prohibitions or restrictions on the use of temporary agency work are justified, and, therefore,

— the provision does not impose an obligation on national courts not to apply any rule of national law containing prohibitions or restrictions on the use of temporary agency work which are not justified on grounds of general interest within the meaning of Article 4(1).

As a result, the Member States are free either to remove any prohibitions and restrictions which could not be justified under Article 4(1) of Directive 2008/104 or to adapt them so that they can, where appropriate, be justified under that provision.

(see paras 30, 32, operative part)