Samenvatting

The Italian Supreme Court has held in three different decisions of 2022 that, even if not provided for by Italian legislation, temporariness is a mandatory requirement for the lawfulness of agency work in accordance with Directive 2008/104/EC. Italian courts must therefore define, on a case-by-case basis, if the reiteration of agency work assignments at the same user undertaking can be considered in violation of the Italian legislation and the EU rules.