Judgment_paragraph 42 · JH v KG (C-681/18)

42The first sentence of Article 5(5) of Directive 2008/104, which contains one of those minimum requirements, provides that Member States are to take appropriate measures, in accordance with national law and/or practice, with a view to preventing misuse in the application of that article and, in particular, to preventing successive assignments designed to circumvent the provisions of that directive. That provision therefore does not require Member States to limit the number of successive assignments of the same worker to the same user undertaking or to make the use of that form of fixed-term work subject to the prerequisite that the technical, production, organisational or replacement-related reasons be stated. Furthermore, neither that provision nor any other provision of that directive lays down any specific measure which the Member States should take for that purpose.