Source: All England Reporter
Publisher Citation: [2003] All ER (D) 72 (Sep)
Court: Court of Justice of the European Communities
Judge:

Judges Rodríguez Iglesias (President), Wathelet, Schintgen (Rapporteur) and Timmermans (Presidents of Chambers), Gulman, Edward, Jann, Skouris, Macken, Colneric, von Bahr, Cunha Rodrigues and Rosas
Judgment Dates: 9 September 2003

Catchwords

European Community - The Court of Justice - Reference from national court - Reference for a preliminary ruling - Interpretation of directive - Aspects of the organisation of working time - Concepts of working time and rest period - Council Directive (EC) 93/104.

The Case

Council Directive (EC) 93-104 (on aspects of the organisation of working time) had to be interpreted as meaning that on-call duty performed by a doctor where he was required to be physically present in the hospital had to be regarded as constituting in its totality working time for the purpose of that directive even where the person concerned was permitted to rest at his place of work during the periods when his services were not required with the result that the directive precluded legislation of a member state which classified as rest periods an employee's periods of inactivity in the context of such on-call duty.

Practice Areas

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