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Case C-290/12: Judgment of the Court (Eighth Chamber) of 11 April 2013 (request for a preliminary ruling from the Tribunale di Napoli — Italy) — Oreste Della Rocca v Poste Italiane SpA (Social policy — Directive 1999/70/EC — Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP — Clause 2 — Scope of application of the Framework Agreement — Temporary employment business — Supply of temporary workers to a user undertaking — Successive fixed-term employment contracts)
ECLI:EU:UNKNOWN:62012CA0290
62012CA0290
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Official Journal of the European Union
C 156/15
(Case C-290/12) (<span class="super">1</span>)
(Social policy - Directive 1999/70/EC - Framework Agreement on fixed-term work concluded by ETUC, UNICE and CEEP - Clause 2 - Scope of application of the Framework Agreement - Temporary employment business - Supply of temporary workers to a user undertaking - Successive fixed-term employment contracts)
2013/C 156/24
Language of the case: Italian
Referring court
Parties to the main proceedings
Applicant: Oreste Della Rocca
Defendant: Poste Italiane SpA
Re:
Request for a preliminary ruling — Tribunale di Napoli — Interpretation of Clauses 2 and 5 of the Framework Agreement set out in the Annex to Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP (OJ 1999 L 175, p. 43) — Scope — Applicability of that directive to temporary employment agencies — Possibility for those agencies to draw up successive fixed-term contracts with temporary workers owing to circumstances justifying the temporary nature of the employment relationship between the temporary worker and the undertaking making use of that worker
Operative part of the judgment
Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, and the Framework Agreement on fixed-term work, concluded on 18 March 1999, set out in the Annex to that directive, must be interpreted as not applying either to the fixed-term employment relationship between a temporary worker and a temporary employment business or to the employment relationship between such a worker and a user undertaking.
* * *
(<span class="super">1</span>) OJ C 243, 11.8.2012.