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Judgment of the Court of Justice of the European Union 17 March 2015, C-533/13, President V. Skouris – Rapporteur Ó Caoimh – Adv. Gen. Szpunar – Auto – ja Kuljetusalan Työntekijäliitto AKT ry v. Öljytuote ry and Shell Aviation Finland Oy
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.
Article 4(1) of Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 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).
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Contents: 1. Introduction. 2.The Directive’s aim. 3.The Directive on the review of restrictions or prohibitions. 3.1. Earlier drafts, disappeared obligations. 3.2. What restrictions shall be reviewed? 3.3.The justification of restrictions. 3.4. Exceptions: where no review is necessary. 3.5. Summary: soft obligations, soft interpretation. 4.The AKT case. 5. Aftermath of the decision.