Brussels, 25/11/2010 (Agence Europe) - Through its ruling on case C-429/09, handed down on 25 November, the Court of Justice interprets various parts of Community legislation on the organisation of working time (overtime, on-call time, night working or shift work - Directives 93/104/EC and 2003/88/EEC) and sets out clear principles which may be resumed thus:
1) On-call time requiring that the worker be in the place of work is fully included in the notion of “working time”, which is limited by Directive 93/104/EC to 48 hours per week, including overtime. Therefore, national rules which provide for working time exceeding that weekly limit infringe Community law.
2) Community provisions in this area have a direct effect. A worker who has been adversely affected may use this: - against the employer, to obtain compensation, either monetary or time off in lieu, for the additional hours worked or, if necessary, to obtain reparation through the courts; - against the member state which is in infringement of European law, to receive reparation for the damage suffered through failure to apply this law.
3) The worker cannot be compelled to submit a prior application to the employer to obtain reparation for infringement of this law. Such a requirement would allow the member state to avoid complying with European standards when a prior application is not submitted. Consequently, requirement of such an application does not comply with EU law.
4) It is up to the member state to determine the form that the law on reparation should take and how to calculate reparation (granting additional time off work or financial compensation) in compliance with the principles of equivalence and effectiveness.
The main proceedings related to a fireman who sought financial compensation or time off in lieu for the overtime worked as part of his professional activities. His employer refused financial compensation on the grounds that the fireman had not submitted an application. The Halle Administrative Court, to whom the case was referred, asked the Court to interpret the relevant European legislation on these points. (F.G./transl.rt)