CELEX: 62018CN0681
Language: en
Date: 2018-10-31 00:00:00
Title: Case C-681/18: Request for a preliminary ruling from the Tribunale ordinario di Brescia (Italy) lodged on 31 October 2018 — JH v KG

28.1.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 35/9
            
         
      Request for a preliminary ruling from the Tribunale ordinario di Brescia (Italy) lodged on 31 October 2018 — JH v KG
      (Case C-681/18)
      (2019/C 35/12)
      Language of the case: Italian
      
         Referring court
      
      Tribunale ordinario di Brescia
      
         Parties to the main proceedings
      
      
         Applicant: JH
      
         Defendant: KG
      
         Question referred
      
      Must Article 5(5) of Directive 2008/104/EC (1) of 19 November 2008 be interpreted as precluding the application of Legislative Decree No 276/2003, as amended by Decree Law 34/2014, 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?
      
         (1)  Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ 2008 L 327, p. 9).