# C_2010221EN.01002002.xml

| 14.8.2010 | EN | Official Journal of the European Union | C 221/20 |
| --- | --- | --- | --- |

14.8.2010

EN

Official Journal of the European Union

C 221/20

---

Reference for a preliminary ruling from the Tribunalul Dâmbovița (Romania) lodged on 25 May 2010 — Nicușor Grigore v Regia Națională a Pădurilor Romsilva — Direcția Silvică București

(Case C-258/10)

()

2010/C 221/33

Language of the case: Romanian

Referring court

Referring court

Tribunalul Dâmbovița

Parties to the main proceedings

Parties to the main proceedings

Applicant: Nicușor Grigore

Applicant:

Defendant: Regia Națională a Pădurilor Romsilva — Direcția Silvică București

Defendant:

Questions referred

Questions referred

| 1. | Does the time during which a forester, who works eight hours a day under his individual contract of employment, is required to carry out wardenship duties in respect of a certain section of the forest for which he is liable to disciplinary action, the payment of compensation and civil or criminal sanctions, as the case may be, for any damage ascertained in the area under his control, regardless of the time when the damage occurs, constitute ‘working time’ within the meaning of Article 2(1) of Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time? (1) |
| --- | --- |

1.

Does the time during which a forester, who works eight hours a day under his individual contract of employment, is required to carry out wardenship duties in respect of a certain section of the forest for which he is liable to disciplinary action, the payment of compensation and civil or criminal sanctions, as the case may be, for any damage ascertained in the area under his control, regardless of the time when the damage occurs, constitute ‘working time’ within the meaning of Article 2(1) of Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time? (1)

1

| 2. | Is the answer to question 1 different where the forester resides in accommodation provided for him within the section of the forest with the management of which he is entrusted? |
| --- | --- |

2.

Is the answer to question 1 different where the forester resides in accommodation provided for him within the section of the forest with the management of which he is entrusted?

| 3. | Are the provisions of Article 6 of Directive 2003/88/CE, entitled ‘Maximum weekly working time’, infringed where, even though the individual contract of employment provides for a maximum working time of 8 hours a day and 40 hours a week, the forester must in fact, because of legal obligations, carry out wardenship duties on a continuous basis in respect of the section of the forest with the management of which he is entrusted? |
| --- | --- |

3.

Are the provisions of Article 6 of Directive 2003/88/CE, entitled ‘Maximum weekly working time’, infringed where, even though the individual contract of employment provides for a maximum working time of 8 hours a day and 40 hours a week, the forester must in fact, because of legal obligations, carry out wardenship duties on a continuous basis in respect of the section of the forest with the management of which he is entrusted?

| 4. | In the event that question 1 is answered in the affirmative, is the employer obliged to pay wages or similar remuneration in respect of the time during which the forester is required to carry out wardenship duties? |
| --- | --- |

4.

In the event that question 1 is answered in the affirmative, is the employer obliged to pay wages or similar remuneration in respect of the time during which the forester is required to carry out wardenship duties?

| 5. | In the event that question 1 is answered in the negative, what legal rules apply to the hours during which a forester is responsible for carrying out wardenship duties in respect of the forest with the management of which he is entrusted? |
| --- | --- |

5.

In the event that question 1 is answered in the negative, what legal rules apply to the hours during which a forester is responsible for carrying out wardenship duties in respect of the forest with the management of which he is entrusted?

---

(1)  OJ 2003 L 299, p. 9.

1

---