The regulation of temporary agency work in the European Union after the ruling in AKT. Comment of the ECJ Judgement of 17.03.2015 (Grand Chamber), AKT, Case C-533/13

Authors

  • Alejandra Victoria García Sánchez

DOI:

https://doi.org/10.18042/cepc/rdce.51.08

Keywords:

Temporary agency work, Directive 2008/104, article 4, prohibitions or restrictions on the use of temporary agency work, justifications, obligation to review, scope

Abstract

This case is the first ruling relating to the obligation of Member States, to review the prohibitions or restrictions on the use of temporary agency work that are not justified on the grounds of general interest, established by article 4 of Directive 2008/104. The CJEU has interpreted that the aforementioned article is only addressed to the competent authorities of the Member States and does not impose an obligation on the national jurisdictions. The ruling grants a wide margin of discretion to Member States in order to restrict temporary agency work. 

Issue

Section

CASE LAW COURT OF JUSTICE OF THE EU