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Case C-830/24, Trivium Packaging Italy: Request for a preliminary ruling from the Tribunale di Reggio Emilia (Italy) lodged on 4 December 2024 – IB v Trivium Packaging Italy Srl

ECLI:EU:UNKNOWN:62024CN0830

62024CN0830

December 4, 2024
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Official Journal of the European Union

EN

C series

C/2025/1739

31.3.2025

(Case C-830/24, Trivium Packaging Italy)

(C/2025/1739)

Language of the case: Italian

Referring court

Parties to the main proceedings

Applicant: IB

Defendant: Trivium Packaging Italy Srl

Question referred

Should Article 5(5) of [Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008] (1) be interpreted as precluding the application of Article 34(1) et seq. [of decreto legislativo del 15 giugno 2015, n. 81 (Legislative Decree N61 of 15 June 2015)] on staff leasing, in so far as such staff leasing: (a) does not place limits on the assignment of the same worker to the same user undertaking; (b) does not require that, in order for the use of staff leasing to be lawful, there must be technical, production, organisational or replacement reasons for having recourse to such staff leasing; and (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)

OJ 2008 L 327, p. 9.

ELI: http://data.europa.eu/eli/C/2025/1739/oj

ISSN 1977-091X (electronic edition)

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