CELEX: 62012CN0290
Language: en
Date: 2012-06-11 00:00:00
Title: Case C-290/12: Reference for a preliminary ruling from the Tribunale di Napoli (Italy) lodged on 11 June 2012 — Oreste Della Rocca v Poste Italiane SpA

11.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 243/9
            
         Reference for a preliminary ruling from the Tribunale di Napoli (Italy) lodged on 11 June 2012 — Oreste Della Rocca v Poste Italiane SpA
   (Case C-290/12)
   2012/C 243/17
   Language of the case: Italian
   
      Referring court
   
   Tribunale di Napoli
   
      Parties to the main proceedings
   
   
      Applicant: Oreste Della Rocca
   
      Defendant: Poste Italiane SpA
   
      Questions referred
   
   
               1.
            
            
               Taking into account the remark interpolated in paragraph 36 of the Order of 15 September 2010 in Case C-386/09 Briot [2010] ECR I-8471, does Directive 1999/70/EC (1) — and, in particular, Clause 2 [of the framework agreement set out in the Annex thereto] — also refer to the fixed-term employment relationship between worker and temporary employment agency or between worker and user, and does Directive 1999/70/EC accordingly regulate those relationships?
            
         
               2.
            
            
               In the absence of other prohibitive measures, does a provision which permits the specification, in the employment contract with a temporary employment agency, of a date on which that contract is to end, as well as its successive renewal, not on the basis of technical, organisational or production requirements of the agency in connection with the specific temporary employment relationship, but on the basis of general reasons relating to the worker, unconnected with the specific employment relationship, meet the requirements under Clause 5(1)(a) [of the framework agreement set out in the Annex to] Directive 1999/70/EC, or can it constitute a circumvention of that directive, and must the objective reasons referred to in Clause 5(1)(a) of [the above framework agreement] be set down in a document and must they relate to the specific temporary employment relationship and its successive renewal, rendering the reference to general objective requirements which served as justification for that somministrazione contract being drawn up incapable of meeting the condition set out in Clause 5(1)(a), or unsuitable for those purposes?
            
         
               3.
            
            
               Does Clause 5 of [the framework agreement set out in the Annex to] Directive 1999/70/EC preclude the consequences of abuse from being made the responsibility of a third party, in this case, the user?
            
         
      (1)  OJ 1999 L 175, p. 43.