{ "attribution": { "source": "legal.exploreworldai.com", "canonical": "https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-580-19", "cite_as": "NovaCopilot, legal.exploreworldai.com (https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-580-19)", "license": "https://legal.exploreworldai.com/revision", "version": "legal-2026-10-19", "fingerprint": "ewai:eu:d068f1", "proof": "sha256:a40e3e2c5cd45f6620be52b1b0581bb17caf7cdb8627107b256d3a76770a7d68", "jurisdiction": "eu", "lang": "en", "publisher": "NovaCopilot by ExploreWorld Legal", "terms": "https://legal.exploreworldai.com/om" }, "brand_source": "Source: NovaCopilot", "item": { "schema_version": "1.0.0", "id": "eu:c-580-19", "jurisdiction": "eu", "lang": "en", "brand_source": "Source: NovaCopilot", "brand": { "product": "NovaCopilot", "platform": "ExploreWorldAI", "infrastructure": "ExploreWorld Legal", "infrastructure_url": "legal.exploreworldai.com", "legal_entity": "Valkiv Ventures AB", "permanent_url": "https://legal.exploreworldai.com/novacopilot", "source": "Source: NovaCopilot", "powered_by": "Powered by NovaCopilot", "license": "https://legal.exploreworldai.com/licensvillkor" }, "sections": [ { "title": "62019CJ0580", "paragraphs": [] }, { "title": "JUDGMENT OF THE COURT (Grand Chamber)", "paragraphs": [] }, { "title": "9 March 2021 (\n *1\n )", "paragraphs": [ "para_4", "para_5", "para_6" ] }, { "title": "RJ", "paragraphs": [ "para_8", "para_9", "para_10", "para_11", "para_12", "para_13", "para_14", "para_15", "para_16", "para_17", "para_18", "para_19", "para_20", "para_21", "para_22", "para_23", "para_24", "para_25", "para_26", "para_27", "para_28", "para_29" ] }, { "title": "Judgment", "paragraphs": [] }, { "title": "1", "paragraphs": [ "para_32" ] }, { "title": "2", "paragraphs": [ "para_34" ] }, { "title": "Legal context", "paragraphs": [] }, { "title": "EU law", "paragraphs": [] }, { "title": "Directive 89/391/EEC", "paragraphs": [] }, { "title": "3", "paragraphs": [ "para_39", "para_40" ] }, { "title": "4", "paragraphs": [] }, { "title": "Article 6 of that directive provides:", "paragraphs": [ "para_43", "para_44", "para_45" ] }, { "title": "(a)", "paragraphs": [ "para_47" ] }, { "title": "(b)", "paragraphs": [ "para_49" ] }, { "title": "(c)", "paragraphs": [ "para_51", "para_52", "para_53" ] }, { "title": "(a)", "paragraphs": [ "para_55", "para_56", "para_57", "para_58", "para_59", "para_60", "para_61" ] }, { "title": "Directive 2003/88", "paragraphs": [] }, { "title": "5", "paragraphs": [] }, { "title": "Article 1 of Directive 2003/88 provides:", "paragraphs": [ "para_65" ] }, { "title": "2.   This Directive applies to:", "paragraphs": [] }, { "title": "(a)", "paragraphs": [ "para_68" ] }, { "title": "(b)", "paragraphs": [ "para_70", "para_71" ] }, { "title": "6", "paragraphs": [] }, { "title": "Article 2 of that directive provides:", "paragraphs": [ "para_74", "para_75", "para_76", "para_77", "para_78", "para_79" ] }, { "title": "7", "paragraphs": [] }, { "title": "Under Article 7(1) of that directive:", "paragraphs": [ "para_82" ] }, { "title": "German law", "paragraphs": [] }, { "title": "8", "paragraphs": [ "para_85", "para_86" ] }, { "title": "9", "paragraphs": [ "para_88" ] }, { "title": "10", "paragraphs": [ "para_90", "para_91" ] }, { "title": "The dispute in the main proceedings and the questions referred for a preliminary ruling", "paragraphs": [] }, { "title": "11", "paragraphs": [ "para_94" ] }, { "title": "12", "paragraphs": [ "para_96" ] }, { "title": "13", "paragraphs": [ "para_98" ] }, { "title": "14", "paragraphs": [ "para_100" ] }, { "title": "15", "paragraphs": [ "para_102" ] }, { "title": "16", "paragraphs": [ "para_104" ] }, { "title": "17", "paragraphs": [ "para_106" ] }, { "title": "18", "paragraphs": [ "para_108" ] }, { "title": "19", "paragraphs": [ "para_110" ] }, { "title": "20", "paragraphs": [ "para_112" ] }, { "title": "21", "paragraphs": [ "para_114" ] }, { "title": "22", "paragraphs": [ "para_116", "para_117", "para_118" ] }, { "title": "(2)", "paragraphs": [ "para_120" ] }, { "title": "Consideration of the questions referred", "paragraphs": [] }, { "title": "23", "paragraphs": [ "para_123" ] }, { "title": "24", "paragraphs": [ "para_125" ] }, { "title": "25", "paragraphs": [ "para_127" ] }, { "title": "26", "paragraphs": [ "para_129" ] }, { "title": "27", "paragraphs": [ "para_131" ] }, { "title": "28", "paragraphs": [ "para_133" ] }, { "title": "29", "paragraphs": [ "para_135" ] }, { "title": "30", "paragraphs": [ "para_137" ] }, { "title": "31", "paragraphs": [ "para_139" ] }, { "title": "32", "paragraphs": [ "para_141" ] }, { "title": "33", "paragraphs": [ "para_143" ] }, { "title": "34", "paragraphs": [ "para_145" ] }, { "title": "35", "paragraphs": [ "para_147" ] }, { "title": "36", "paragraphs": [ "para_149" ] }, { "title": "37", "paragraphs": [ "para_151" ] }, { "title": "38", "paragraphs": [ "para_153" ] }, { "title": "39", "paragraphs": [ "para_155" ] }, { "title": "40", "paragraphs": [ "para_157" ] }, { "title": "41", "paragraphs": [ "para_159" ] }, { "title": "42", "paragraphs": [ "para_161" ] }, { "title": "43", "paragraphs": [ "para_163" ] }, { "title": "44", "paragraphs": [ "para_165" ] }, { "title": "45", "paragraphs": [ "para_167" ] }, { "title": "46", "paragraphs": [ "para_169" ] }, { "title": "47", "paragraphs": [ "para_171" ] }, { "title": "48", "paragraphs": [ "para_173" ] }, { "title": "49", "paragraphs": [ "para_175" ] }, { "title": "50", "paragraphs": [ "para_177" ] }, { "title": "51", "paragraphs": [ "para_179" ] }, { "title": "52", "paragraphs": [ "para_181" ] }, { "title": "53", "paragraphs": [ "para_183" ] }, { "title": "54", "paragraphs": [ "para_185" ] }, { "title": "55", "paragraphs": [ "para_187" ] }, { "title": "56", "paragraphs": [ "para_189" ] }, { "title": "57", "paragraphs": [ "para_191" ] }, { "title": "58", "paragraphs": [ "para_193" ] }, { "title": "59", "paragraphs": [ "para_195" ] }, { "title": "60", "paragraphs": [ "para_197" ] }, { "title": "61", "paragraphs": [ "para_199" ] }, { "title": "Costs", "paragraphs": [] }, { "title": "62", "paragraphs": [ "para_202" ] }, { "title": "On those grounds, the Court (Grand Chamber) hereby rules:", "paragraphs": [ "para_204", "para_205" ] }, { "title": "(\n *1\n ) Language of the case: German", "paragraphs": [] } ], "paragraphs": [ { "text": "62019CJ0580", "paragraph_id": "para_1" }, { "text": "JUDGMENT OF THE COURT (Grand Chamber)", "paragraph_id": "para_2" }, { "text": "9 March 2021 (\n *1\n )", "paragraph_id": "para_3" }, { "text": "(Reference for a preliminary ruling – Protection of the safety and health of workers – Organisation of working time – Directive 2003/88/EC – Article 2 – Concept of ‘working time’ – Period of stand-by time according to a stand-by system – Professional firefighters – Directive 89/391/EEC – Articles 5 and 6 – Psychosocial risks – Obligation to prevent)", "paragraph_id": "para_4" }, { "text": "In Case C‑580/19,", "paragraph_id": "para_5" }, { "text": "REQUEST for a preliminary ruling under Article 267 TFEU from the Verwaltungsgericht Darmstadt (Administrative Court of Darmstadt, Germany), made by decision of 21 February 2019, received at the Court on 30 July 2019, in the proceedings", "paragraph_id": "para_6" }, { "text": "RJ", "paragraph_id": "para_7" }, { "text": "v", "paragraph_id": "para_8" }, { "text": "Stadt Offenbach am Main,", "paragraph_id": "para_9" }, { "text": "THE COURT (Grand Chamber),", "paragraph_id": "para_10" }, { "text": "composed of K. Lenaerts, President, R. Silva de Lapuerta, Vice-President, A. Arabadjiev, A. Prechal, M. Vilaras and N. Piçarra, Presidents of Chambers, T. von Danwitz, C. Toader, M. Safjan, D. Šváby, S. Rodin, F. Biltgen, K. Jürimäe, C. Lycourgos (Rapporteur) and L. S. Rossi, Judges,", "paragraph_id": "para_11" }, { "text": "Advocate General: G. Pitruzzella,", "paragraph_id": "para_12" }, { "text": "Registrar: M. Longar, Administrator,", "paragraph_id": "para_13" }, { "text": "having regard to the written procedure and further to the hearing on 22 June 2020,", "paragraph_id": "para_14" }, { "text": "after considering the observations submitted on behalf of:", "paragraph_id": "para_15" }, { "text": "–", "paragraph_id": "para_16" }, { "text": "the Belgian Government, by S. Baeyens and by L. Van den Broeck, M. Jacobs and C. Pochet, acting as Agents,", "paragraph_id": "para_17" }, { "text": "–", "paragraph_id": "para_18" }, { "text": "the Spanish Government, by S. Jiménez García, acting as Agent,", "paragraph_id": "para_19" }, { "text": "–", "paragraph_id": "para_20" }, { "text": "the French Government, by A. Ferrand, R. Coesme and E. Toutain and by A.-L. Desjonquères, acting as Agents,", "paragraph_id": "para_21" }, { "text": "–", "paragraph_id": "para_22" }, { "text": "the Netherlands Government, by M. K. Bulterman and C. S. Schillemans, acting as Agents,", "paragraph_id": "para_23" }, { "text": "–", "paragraph_id": "para_24" }, { "text": "the Finnish Government, initially by H. Leppo and J. Heliskoski, then by H. Leppo, acting as Agent,", "paragraph_id": "para_25" }, { "text": "–", "paragraph_id": "para_26" }, { "text": "the European Commission, initially by B.-R. Killmann and M. van Beek, then by B.-R. Killmann, acting as Agents,", "paragraph_id": "para_27" }, { "text": "after hearing the Opinion of the Advocate General at the sitting on 6 October 2020,", "paragraph_id": "para_28" }, { "text": "gives the following", "paragraph_id": "para_29" }, { "text": "Judgment", "paragraph_id": "para_30" }, { "text": "1", "paragraph_id": "para_31" }, { "text": "This request for a preliminary ruling concerns the interpretation of Article 2 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time ( OJ 2003 L 299, p. 9 ).", "paragraph_id": "para_32" }, { "text": "2", "paragraph_id": "para_33" }, { "text": "The request has been made in proceedings between RJ and Stadt Offenbach am Main (town of Offenbach am Main, Germany) concerning the salary claimed by RJ for services consisting in stand-by time according to a stand-by system that he had provided. It should be noted at the outset that, in the context …", "paragraph_id": "para_34" }, { "text": "Legal context", "paragraph_id": "para_35" }, { "text": "EU law", "paragraph_id": "para_36" }, { "text": "Directive 89/391/EEC", "paragraph_id": "para_37" }, { "text": "3", "paragraph_id": "para_38" }, { "text": "Article 5(1) of Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work ( OJ 1989 L 183, p. 1 ) states:", "paragraph_id": "para_39" }, { "text": "‘The employer shall have a duty to ensure the safety and health of workers in every aspect related to the work.’", "paragraph_id": "para_40" }, { "text": "4", "paragraph_id": "para_41" }, { "text": "Article 6 of that directive provides:", "paragraph_id": "para_42" }, { "text": "‘1.   Within the context of his responsibilities, the employer shall take the measures necessary for the safety and health protection of workers, including prevention of occupational risks and provision of information and training, as well as provision of the necessary organisation and means.", "paragraph_id": "para_43" }, { "text": "The employer shall be alert to the need to adjust these measures to take account of changing circumstances and aim to improve existing situations.", "paragraph_id": "para_44" }, { "text": "2.   The employer shall implement the measures referred to in the first subparagraph of paragraph 1 on the basis of the following general principles of prevention:", "paragraph_id": "para_45" }, { "text": "(a)", "paragraph_id": "para_46" }, { "text": "avoiding risks;", "paragraph_id": "para_47" }, { "text": "(b)", "paragraph_id": "para_48" }, { "text": "evaluating the risks which cannot be avoided:", "paragraph_id": "para_49" }, { "text": "(c)", "paragraph_id": "para_50" }, { "text": "combating the risks at source;", "paragraph_id": "para_51" }, { "text": "…", "paragraph_id": "para_52" }, { "text": "3.   Without prejudice to the other provisions of this Directive, the employer shall, taking into account the nature of the activities of the enterprise and/or establishment:", "paragraph_id": "para_53" }, { "text": "(a)", "paragraph_id": "para_54" }, { "text": "evaluate the risks to the safety and health of workers, inter alia in the choice of work equipment, the chemical substances or preparations used, and the fitting-out of work places.", "paragraph_id": "para_55" }, { "text": "Subsequent to this evaluation and as necessary, the preventive measures and the working and production methods implemented by the employer must:", "paragraph_id": "para_56" }, { "text": "–", "paragraph_id": "para_57" }, { "text": "assure an improvement in the level of protection afforded to workers with regard to safety and health,", "paragraph_id": "para_58" }, { "text": "–", "paragraph_id": "para_59" }, { "text": "be integrated into all the activities of the undertaking and/or establishment and at all hierarchical levels;", "paragraph_id": "para_60" }, { "text": "…’", "paragraph_id": "para_61" }, { "text": "Directive 2003/88", "paragraph_id": "para_62" }, { "text": "5", "paragraph_id": "para_63" }, { "text": "Article 1 of Directive 2003/88 provides:", "paragraph_id": "para_64" }, { "text": "‘1.   This Directive lays down minimum safety and health requirements for the organisation of working time.", "paragraph_id": "para_65" }, { "text": "2.   This Directive applies to:", "paragraph_id": "para_66" }, { "text": "(a)", "paragraph_id": "para_67" }, { "text": "minimum periods of daily rest, weekly rest and annual leave, to breaks and maximum weekly working time; and", "paragraph_id": "para_68" }, { "text": "(b)", "paragraph_id": "para_69" }, { "text": "certain aspects of night work, shift work and patterns of work.", "paragraph_id": "para_70" }, { "text": "…’", "paragraph_id": "para_71" }, { "text": "6", "paragraph_id": "para_72" }, { "text": "Article 2 of that directive provides:", "paragraph_id": "para_73" }, { "text": "‘For the purposes of this Directive, the following definitions shall apply:", "paragraph_id": "para_74" }, { "text": "1.", "paragraph_id": "para_75" }, { "text": "“working time” means any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties, in accordance with national laws and/or practice;", "paragraph_id": "para_76" }, { "text": "2.", "paragraph_id": "para_77" }, { "text": "“rest period” means any period which is not working time;", "paragraph_id": "para_78" }, { "text": "…’", "paragraph_id": "para_79" }, { "text": "7", "paragraph_id": "para_80" }, { "text": "Under Article 7(1) of that directive:", "paragraph_id": "para_81" }, { "text": "‘Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.’", "paragraph_id": "para_82" }, { "text": "German law", "paragraph_id": "para_83" }, { "text": "8", "paragraph_id": "para_84" }, { "text": "The annex of the Verordnung über die Organisation, Mindeststärke und Ausrüstung der öffentlichen Feuerwehren (Regulation on the organisation, minimum strength and equipment of public fire services) of 17 December 2003 (GVBl., p. 693) provides inter alia:", "paragraph_id": "para_85" }, { "text": "‘The equipment of level 2 including the necessary personnel is generally to be deployed at the incident site within 20 minutes of the alert …’", "paragraph_id": "para_86" }, { "text": "9", "paragraph_id": "para_87" }, { "text": "Under the Einsatzdienstverfügung der Feuerwehr Offenbach (Operational Service Order of the Offenbach fire brigade), in the version of 18 June 2018, when called, the public official who carries out the incident command service ‘ Beamter vom Einsatzleitdienst ’ (officer of the Operations Control Service, the ‘BvE service’) must be available to go immediately to the incident scene using his or her traffic regulations privileges and rights of priority.", "paragraph_id": "para_88" }, { "text": "10", "paragraph_id": "para_89" }, { "text": "That detailed Operational Service Order set out, on page 6, the obligations of a public official who carries out ‘incident command’ duty:", "paragraph_id": "para_90" }, { "text": "‘While carrying out BvE service, a public official shall remain available and at such place as will permit him or her to comply with the response time of 20 minutes. This rule shall be deemed to be complied with if the journey time, using traffic regulations privileges and rights of priority, from w …", "paragraph_id": "para_91" }, { "text": "The dispute in the main proceedings and the questions referred for a preliminary ruling", "paragraph_id": "para_92" }, { "text": "11", "paragraph_id": "para_93" }, { "text": "RJ is a public official and carries out his activities as a firefighter, as a division commander, with the Offenbach am Main fire service. In addition to his regular service hours, according to the legislation applicable to the fire service of that town, he regularly has to carry out what is known as ‘BvE’ service.", "paragraph_id": "para_94" }, { "text": "12", "paragraph_id": "para_95" }, { "text": "During the ‘BvE’ service, RJ must be reachable at any time and have his service uniform with him, as well as a service vehicle, made available to him by his employer. He must respond to calls received by which he is informed of events which occur and which require decisions on his part. In certain c …", "paragraph_id": "para_96" }, { "text": "13", "paragraph_id": "para_97" }, { "text": "During the week, the ‘BvE’ service is carried out between 5 pm and 7 am the following day. At weekends, it runs from Friday from 5 pm until Monday at 7 am. A 42-hour working week may be followed by carrying out that service at the weekend. On average, RJ spends 10 to 15 weekends per year carrying ou …", "paragraph_id": "para_98" }, { "text": "14", "paragraph_id": "para_99" }, { "text": "RJ has requested that the ‘BvE’ service be recognised as working time and that he be remunerated accordingly. By decision of 6 August 2014, his employer rejected that request.", "paragraph_id": "para_100" }, { "text": "15", "paragraph_id": "para_101" }, { "text": "On 31 July 2015, RJ brought an action before the referring court in which he claimed that, even when they take place according to a stand-by system and the worker is not therefore required to be physically present in a place determined by the employer, periods of stand-by time can be considered to b …", "paragraph_id": "para_102" }, { "text": "16", "paragraph_id": "para_103" }, { "text": "According to the referring court, activities carried out by the operational crews of a public fire service fall within the scope of Directive 2003/88. That court takes the view that, although the issues relating to remuneration for services consisting in stand-by time are not covered by the scope of …", "paragraph_id": "para_104" }, { "text": "17", "paragraph_id": "para_105" }, { "text": "Ordering RJ’s employer to remunerate ‘BvE’ service, in the way requested by the applicant requires, under German law, that the applicant has worked in excess of the maximum weekly working time admissible under Directive 2003/88. Moreover, the applicant’s head of claim for a specific finding that ‘Bv …", "paragraph_id": "para_106" }, { "text": "18", "paragraph_id": "para_107" }, { "text": "The referring court notes that, to date, the Court has held that periods of stand-by time can be treated as working time only if the employee has to be physically present at the place determined by the employer and to be available to the employer in order to be able to provide the appropriate servic …", "paragraph_id": "para_108" }, { "text": "19", "paragraph_id": "para_109" }, { "text": "In the view of the referring court, that judgment does not preclude periods of stand-by time according to a stand-by system from also being considered as working time, namely those during which the worker, without being required to remain in a place determined by the employer, is subject to significant restrictions on the freedom to choose where he or she is present and on the organisation of his or her free time.", "paragraph_id": "para_110" }, { "text": "20", "paragraph_id": "para_111" }, { "text": "In particular, according to the referring court, the exclusion from the concept of ‘working time’, within the meaning of Directive 2003/88, of periods of stand-by time according to a stand-by system solely on the ground that the employer has not specified a precise location where the worker is requi …", "paragraph_id": "para_112" }, { "text": "21", "paragraph_id": "para_113" }, { "text": "Finally, the referring court observes that the decisive criterion used by the Bundesverwaltungsgericht (Federal Administrative Court, Germany) in determining whether a period of stand-by time must be regarded as working time is the frequency with which the worker must expect to be called upon during his periods of stand-by time. If those periods are only sporadically interrupted by incidents, they do not constitute ‘working time’.", "paragraph_id": "para_114" }, { "text": "22", "paragraph_id": "para_115" }, { "text": "In those circumstances, the Verwaltungsgericht Darmstadt (Administrative Court, Darmstadt, Germany) decided to stay the proceedings and to refer the following questions to the Court of Justice for a preliminary ruling:", "paragraph_id": "para_116" }, { "text": "‘(1)", "paragraph_id": "para_117" }, { "text": "Is Article 2 of Directive 2003/88 to be interpreted as meaning that periods of stand-by time during which an employee is subject to the obligation to reach the town boundary of his place of employment in uniform with the service vehicle within twenty minutes are to be regarded as working time, where …", "paragraph_id": "para_118" }, { "text": "(2)", "paragraph_id": "para_119" }, { "text": "In a situation such as that of the first question referred, is Article 2 of Directive 2003/88 to be interpreted as meaning that, when defining the concept of working time, account is also to be taken of whether and to what extent a service call-out is generally to be expected during stand-by duty which is to be spent in a place not prescribed by the employer?’", "paragraph_id": "para_120" }, { "text": "Consideration of the questions referred", "paragraph_id": "para_121" }, { "text": "23", "paragraph_id": "para_122" }, { "text": "By its questions, which it is appropriate to examine together, the referring court asks, in essence, whether Article 2 of Directive 2003/88 must be interpreted as meaning that the period of stand-by time during which a worker must be able to reach the town boundary of his place of employment within …", "paragraph_id": "para_123" }, { "text": "24", "paragraph_id": "para_124" }, { "text": "More specifically, it is apparent from the order for reference and from the file before the Court that the applicant in the main proceedings is required to carry out approximately 40 periods of stand-by time per year, at night during the week and at the weekend. Such periods of stand-by time are car …", "paragraph_id": "para_125" }, { "text": "25", "paragraph_id": "para_126" }, { "text": "As a preliminary point, it should be recalled that, while it is ultimately for the national court to examine whether the periods of stand-by time according to a stand-by system, at issue in the main proceedings, must be classified as ‘working time’ for the purposes of applying Directive 2003/88, it …", "paragraph_id": "para_127" }, { "text": "26", "paragraph_id": "para_128" }, { "text": "With the benefit of this introductory clarification, it should be recalled, in the first place, that the purpose of Directive 2003/88 is to lay down minimum requirements intended to improve the living and working conditions of workers through approximation of national rules concerning, in particular …", "paragraph_id": "para_129" }, { "text": "27", "paragraph_id": "para_130" }, { "text": "The various requirements laid down in Directive 2003/88 concerning maximum working time and minimum rest periods constitute rules of EU social law of particular importance from which every worker must benefit and compliance with which should not be subordinated to purely economic considerations (judgment of today, Radiotelevizija Slovenija (Period of stand-by time in a remote location ), C‑344/19, paragraph 26 and the case-law cited).", "paragraph_id": "para_131" }, { "text": "28", "paragraph_id": "para_132" }, { "text": "Moreover, by establishing the right of every worker to a limitation of maximum working hours and to daily and weekly rest periods, Directive 2003/88 gives specific form to the fundamental right expressly enshrined in Article 31(2) of the Charter of Fundamental Rights of the European Union and must, …", "paragraph_id": "para_133" }, { "text": "29", "paragraph_id": "para_134" }, { "text": "In the second place, it should be noted that Article 2(1) of Directive 2003/88 defines the concept of ‘working time’ as any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties, in accordance with national laws and/or practice. Under Article 2(2) of that directive, the term ‘rest period’ means any period which is not working time.", "paragraph_id": "para_135" }, { "text": "30", "paragraph_id": "para_136" }, { "text": "It follows that the two concepts, which were defined in the same way in Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time ( OJ 1993 L 307, p. 18 ) which was succeeded by Directive 2003/88, are mutually exclusive. A worker’s time on stand-b …", "paragraph_id": "para_137" }, { "text": "31", "paragraph_id": "para_138" }, { "text": "Furthermore, the concepts of ‘working time’ and of ‘rest period’ are concepts of EU law which must be defined in accordance with objective characteristics by reference to the scheme and purpose of Directive 2003/88. Only an autonomous interpretation of that nature is capable of ensuring the full eff …", "paragraph_id": "para_139" }, { "text": "32", "paragraph_id": "para_140" }, { "text": "Hence, despite the reference to ‘national laws and/or practice’ in Article 2 of Directive 2003/88, Member States may not unilaterally determine the scope of the concepts of ‘working time’ and ‘rest period’ by making the right, which is granted directly to workers by that directive, to have working p …", "paragraph_id": "para_141" }, { "text": "33", "paragraph_id": "para_142" }, { "text": "In the third place, as regards, more specifically, periods of stand-by time, it is apparent from the case-law of the Court that a period during which no actual activity is carried out by the worker for the benefit of his or her employer does not necessarily constitute a ‘rest period’ for the purposes of the application of Directive 2003/88.", "paragraph_id": "para_143" }, { "text": "34", "paragraph_id": "para_144" }, { "text": "Thus, first, the Court has held, regarding periods of stand-by time undertaken at places of work which were separate from the workers’ residence, that the decisive factor for finding that the elements that characterise the concept of ‘working time’ for the purposes of Directive 2003/88 are present i …", "paragraph_id": "para_145" }, { "text": "35", "paragraph_id": "para_146" }, { "text": "It should be specified in that regard that the workplace must be understood as any place where the worker is required to exercise an activity on the employer’s instruction, including where that place is not the place where he or she usually carries out his or her professional duties.", "paragraph_id": "para_147" }, { "text": "36", "paragraph_id": "para_148" }, { "text": "The Court has considered that, during such a stand-by time, the worker, who is required to remain at his or her workplace and to be available to his or her employer, must remain apart from his or her family and social environment and has little freedom to manage the time during which his or her prof …", "paragraph_id": "para_149" }, { "text": "37", "paragraph_id": "para_150" }, { "text": "Second, the Court has held that a period of stand-by time according to a stand-by system must also be classified, in its entirety, as ‘working time’ within the meaning of Directive 2003/88, even if a worker is not required to remain at his or her workplace, where, having regard to the impact, which …", "paragraph_id": "para_151" }, { "text": "38", "paragraph_id": "para_152" }, { "text": "It follows from the elements set out in paragraphs 34 to 37 of this judgment and also from the need, recalled in paragraph 28 of this judgment, to interpret Article 2(1) of Directive 2003/88 in the light of Article 31(2) of the Charter of Fundamental Rights of the European Union, that the concept of …", "paragraph_id": "para_153" }, { "text": "39", "paragraph_id": "para_154" }, { "text": "Conversely, where the constraints imposed on a worker during a specific period of stand-by time do not reach such a level of intensity and allow him or her to manage his or her own time, and to pursue his or her own interests without major constraints, only the time linked to the provision of work a …", "paragraph_id": "para_155" }, { "text": "40", "paragraph_id": "para_156" }, { "text": "In that regard, it should also be specified that only the constraints that are imposed on the worker, whether by the law of the Member State concerned, by a collective agreement or by the employer pursuant, inter alia, to the employment contract, employment regulations or the system of dividing stan …", "paragraph_id": "para_157" }, { "text": "41", "paragraph_id": "para_158" }, { "text": "By contrast, organisational difficulties that a period of stand-by time may generate for the worker, which are not the result of such constraints but are, for example, the consequence of natural factors or of his or her own free choice, may not be taken into account (judgment of today, Radiotelevizija Slovenija (Period of stand-by time in a remote location ), C‑344/19, paragraph 40).", "paragraph_id": "para_159" }, { "text": "42", "paragraph_id": "para_160" }, { "text": "Thus, first, a substantial distance between the residence freely chosen by the worker and the place that he or she must be able to reach within a certain time during the period of stand-by time is not, in itself, a relevant criterion for classifying the whole of that period as ‘working time’ within …", "paragraph_id": "para_161" }, { "text": "43", "paragraph_id": "para_162" }, { "text": "In addition, if the workplace includes or is indistinguishable from the worker’s residence, the mere fact that, during a given period of stand-by time, the latter is required to remain at his or her workplace in order to be able, if necessary, to be available for his or her employer, does not suffic …", "paragraph_id": "para_163" }, { "text": "44", "paragraph_id": "para_164" }, { "text": "Where, owing to the absence of a requirement to remain at the workplace, a period of stand-by time cannot automatically be classified as ‘working time’, within the meaning of Directive 2003/88, the national courts must still determine whether that classification is nevertheless required due to the c …", "paragraph_id": "para_165" }, { "text": "45", "paragraph_id": "para_166" }, { "text": "In that context, it is necessary, more specifically, to have regard to the time period available to the worker, during the period of stand-by time, to return to his or her professional activities, starting from the moment at which the employer requests it, coupled, where appropriate, with the averag …", "paragraph_id": "para_167" }, { "text": "46", "paragraph_id": "para_168" }, { "text": "Thus, firstly, as the Advocate General observed, in essence, in points 89 to 91 of his opinion, national courts must take into account the consequences for the worker’s ability freely to manage his or her time, resulting from the brevity of the time period within which he or she must, where action is necessary, undertake work, which, as a general rule, requires him or her to return to his or her workplace.", "paragraph_id": "para_169" }, { "text": "47", "paragraph_id": "para_170" }, { "text": "In that regard, it should be underlined that a period of stand-by time during which the worker may, taking into account the reasonable time period allowed for him or her to resume his or her professional activities, plan his or her personal and social activities does not, a priori, constitute ‘worki …", "paragraph_id": "para_171" }, { "text": "48", "paragraph_id": "para_172" }, { "text": "The fact remains that the impact of such a time limit within which the worker has to react must be evaluated following a concrete assessment that takes into account, as appropriate, the other constraints imposed on the worker, just as in the case of the facilities granted to him or her during the period of stand-by time (judgment of today, Radiotelevizija Slovenija (Period of stand-by time in a remote location ), C‑344/19, paragraph 49).", "paragraph_id": "para_173" }, { "text": "49", "paragraph_id": "para_174" }, { "text": "In particular, it is relevant, when considering the constraints involved by that reaction time, that the worker is obliged to remain at home, without being able to move freely, pending the request from his employer, or to be equipped with specific equipment when, following a call-out, he must report …", "paragraph_id": "para_175" }, { "text": "50", "paragraph_id": "para_176" }, { "text": "Secondly, coupled with the period of time available to the worker to resume his or her professional activity, the average frequency of the actual services that are normally carried out by that worker during each of those periods of stand-by time must, where it is possible objectively to estimate them, be taken into account by the national courts (judgment of today, Radiotelevizija Slovenija (Period of stand-by time in a remote location ), C‑344/19, paragraph 51).", "paragraph_id": "para_177" }, { "text": "51", "paragraph_id": "para_178" }, { "text": "Thus, if the worker is, on average, called upon to act on numerous occasions during a period of stand-by time, he or she has less scope freely to manage his or her time during those periods of inactivity, given that they are frequently interrupted. That is all the more true where the activity requir …", "paragraph_id": "para_179" }, { "text": "52", "paragraph_id": "para_180" }, { "text": "It follows that, if the worker is, on average, frequently called upon to provide services during his or her periods of stand-by time and, as a general rule, those services are not of a short duration, the entirety of those periods constitutes, in principle, ‘working time’ within the meaning of Directive 2003/88 (judgment of today, Radiotelevizija Slovenija (Period of stand-by time in a remote location ), C‑344/19, paragraphs 53).", "paragraph_id": "para_181" }, { "text": "53", "paragraph_id": "para_182" }, { "text": "However, the fact that, on average, the worker is only rarely called upon to act during the periods of stand-by time cannot lead to those periods being regarded as ‘rest periods’ within the meaning of Article 2(2) of Directive 2003/88 where the impact of the time limit imposed on the worker to retur …", "paragraph_id": "para_183" }, { "text": "54", "paragraph_id": "para_184" }, { "text": "In the present case, it should be recalled that, according to the information provided in the order for reference, during the periods of stand-by time according to a stand-by system at issue in the main proceedings, RJ may travel freely but must be able to reach the town boundary of Offenbach am Mai …", "paragraph_id": "para_185" }, { "text": "55", "paragraph_id": "para_186" }, { "text": "It is, however, for the referring court to assess, in the light of all the circumstances of the case, whether, during his periods of stand-by time according to a stand-by system, RJ is subject to constraints of such intensity such as to constrain, objectively and very significantly, the ability that he has freely to manage, during those periods, the time during which his professional services are not required and to devote that time to his own interests.", "paragraph_id": "para_187" }, { "text": "56", "paragraph_id": "para_188" }, { "text": "In the fourth place, it is important to recall that, save in the special case covered by Article 7(1) of Directive 2003/88 concerning annual paid holidays, that directive is limited to regulating certain aspects of the organisation of working time in order to protect the safety and health of workers …", "paragraph_id": "para_189" }, { "text": "57", "paragraph_id": "para_190" }, { "text": "Therefore, the way in which workers are remunerated for periods of stand-by time is not covered by Directive 2003/88 but by the relevant provisions of national law. Consequently, that directive does not preclude the application of a law of a Member State, a collective labour agreement, or an employe …", "paragraph_id": "para_191" }, { "text": "58", "paragraph_id": "para_192" }, { "text": "Similarly, Directive 2003/88 does not preclude a law of a Member State, a collective labour agreement or an employer’s decision that, as regards periods of stand-by time which should be entirely regarded as not being covered by the concept of ‘working time’ for the purposes of that directive, nevert …", "paragraph_id": "para_193" }, { "text": "59", "paragraph_id": "para_194" }, { "text": "In the fifth and final place, it follows from paragraph 30 of this judgment that periods of stand-by time that do not meet the conditions to be classified as ‘working time’ within the meaning of Article 2(1) of Directive 2003/88 must be regarded, with the exception of time linked to the provision of …", "paragraph_id": "para_195" }, { "text": "60", "paragraph_id": "para_196" }, { "text": "However, it should be noted that the classification of a period of stand-by time as a ‘rest period’ for the purposes of applying Directive 2003/88 is without prejudice to the duty of employers to comply with their specific obligations under Articles 5 and 6 of Directive 89/391 to protect the safety …", "paragraph_id": "para_197" }, { "text": "61", "paragraph_id": "para_198" }, { "text": "It follows from all the foregoing considerations that the answer to the questions referred is that Article 2(1) of Directive 2003/88 must be interpreted as meaning that a period of stand-by time according to a stand-by system, during which a worker must be able to reach the town boundary of his or h …", "paragraph_id": "para_199" }, { "text": "Costs", "paragraph_id": "para_200" }, { "text": "62", "paragraph_id": "para_201" }, { "text": "Since these proceedings are, for the parties to the main proceedings, a step in the action pending before the national court, the decision on costs is a matter for that court. Costs incurred in submitting observations to the Court, other than the costs of those parties, are not recoverable.", "paragraph_id": "para_202" }, { "text": "On those grounds, the Court (Grand Chamber) hereby rules:", "paragraph_id": "para_203" }, { "text": "Article 2(1) of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time must be interpreted as meaning that a period of stand-by time according to a stand-by system, during which a worker must be able to rea …", "paragraph_id": "para_204" }, { "text": "[Signatures]", "paragraph_id": "para_205" }, { "text": "(\n *1\n ) Language of the case: German", "paragraph_id": "para_206" } ], "word_count": 6748, "cites": [ "C-518/15", "C-344/19", "C-303/98", "C-151/02", "C-14/04", "C-397/01", "C-403/01" ], "sha256": "b0ff7fa313d81196f5e9f89a689f4c443bd17b048038441d09b6aaf917569e55", "source_url": "https://publications.europa.eu/resource/celex/62019CJ0580.ENG.xhtml.ECR_62019CJ0580_EN_01.html", "fetched_at": "2026-09-29T22:00:29.404+00:00", "canonical": "https://legal.exploreworldai.com/ai/judgments/eu/c-580-19", "risk_graph": "https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-580-19", "relations_graph": "https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-580-19", "changes": "https://legal.exploreworldai.com/api/public/v1/eu-praxis/changes", "agent": "https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-580-19" }, "hash": "sha256:a40e3e2c5cd45f6620be52b1b0581bb17caf7cdb8627107b256d3a76770a7d68", "version": "legal-2026-10-19", "expires": "2026-10-20T00:00:00.000Z", "dependency": { "index_version": "legal-2026-10-19+legal-2026-10-19+2026-10-19T16:17:11", "content_hash": "sha256:a40e3e2c5cd45f6620be52b1b0581bb17caf7cdb8627107b256d3a76770a7d68", "revalidate_after": "2026-10-19T18:30:38.233Z", "max_copy_age_seconds": 3600, "policy": "revalidate-required; attribution-preferred", "changelog": "https://legal.exploreworldai.com/api/public/v1/dependency", "verify": "https://legal.exploreworldai.com/api/public/v1/verify", "stale_copy_invalid": true }, "canonical": "https://legal.exploreworldai.com/api/public/v1/judgment-text?id=eu:c-580-19", "follow": [ { "rel": "risk", "href": "https://legal.exploreworldai.com/api/public/v1/risk?id=eu:c-580-19" }, { "rel": "relations", "href": "https://legal.exploreworldai.com/api/public/v1/relations?id=eu:c-580-19" }, { "rel": "agent", "href": "https://legal.exploreworldai.com/api/public/v1/eu-praxis/agent?id=eu:c-580-19" }, { "rel": "obligations", "href": "https://legal.exploreworldai.com/api/public/v1/obligation-chain" }, { "rel": "changes", "href": "https://legal.exploreworldai.com/api/public/v1/whats-new?jurisdiction=eu" } ], "disclaimer": "Source reference with official identifier. 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