Request for a preliminary ruling from the Curtea de Apel Constanța (Romania) lodged on 27 February 2025 – CP, Personal Sea Management SRL v Sulina Logistics SRL

(Case C-172/25, Personal Sea Management)

(C/2025/3392)

Language of the case: Romanian

Referring court

Curtea de Apel Constanța

Parties to the main proceedings

Appellants: CP, Personal Sea Management SRL

Respondent: Sulina Logistics SRL

Question referred

Must Article 5(1) of Directive 2008/104/EC (1) concerning the ‘principle of equal treatment’, read in conjunction with Article 2 of that directive, be interpreted as precluding national legislation which provides that one of the grounds for terminating the individual contract of employment of a worker, who is employed by a temporary-work agency, is discontinuation by the user of the worker’s services, in a situation where that discontinuation does not have to be justified in any way and is not subject to any formal condition, and where, for the temporary-work agency, such a discontinuation in itself constitutes a sufficient ground for dismissal, whereas, if the user had engaged the worker itself, that user would have been subject to statutory requirements concerning the justification of the reason for the dismissal and the formal conditions in respect of the act of dismissal?

(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).