Request for a preliminary ruling from the Työtuomioistuin (Finland) lodged on 9 October 2013 – Auto- ja Kuljetusalan Työntekijäliitto AKT ry v Öljytuote ry, Shell Aviation Finland Oy

(Case C-533/13)

Language of the case: Finnish

Referring court

Työtuomioistuin

Parties to the main proceedings

Applicant: Auto- ja Kuljetusalan Työntekijäliitto AKT ry

Defendants: Öljytuote ry, Shell Aviation Finland Oy

Questions referred

(a)    Must Article 4(1) of the Temporary Agency Work Directive 2008/104/EC ¹ be interpreted as laying down a permanent obligation on national authorities, including the courts, to ensure by the means available to them that national provisions or clauses in collective agreements contrary to that provision of the directive are not in force or are not applied?

(b)    Must Article 4(1) of the directive be interpreted as precluding a national provision under which the use of temporary agency labour is permitted only in the cases specially listed, such as to cope with peak periods of work or for work which cannot be given to an undertaking’s own employees to do? May the use of agency workers for a lengthy period in the ordinary work of an undertaking alongside the undertaking’s own employees be defined as a prohibited use of agency labour?

(c)    If the national provision is found to be contrary to the directive, what methods does a court have for achieving the objectives of the directive where a collective agreement to be observed by individuals is concerned?

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¹     Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, OJ 2008 L 327, p. 9.