# C_2006036EN.01000801.xml

| 11.2.2006 | EN | Official Journal of the European Union | C 36/8 |
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11.2.2006

EN

Official Journal of the European Union

C 36/8

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 1 December 2005

in Case C-14/04, Reference for a preliminary ruling from the Conseil d'État, Abdelkader Dellas and Others v Premier ministre and Others (1)

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(Social policy - Protection of the safety and health of workers - Directive 93/104/CE - Concept of ‘working time’ - Scope - National legislation providing for a ceiling more favourable to workers, in particular as regards maximum weekly working time - Determination of working time in certain social establishments - On-call duty where the worker is required to be present at the workplace - Periods of inactivity on the part of the worker in the context of such duty - National system of calculation of hours of presence differentiated according to the intensity of the activity)

(2006/C 36/13)

Language of the case: French

In Case C-14/04: reference for a preliminary ruling under Article 234 EC from the Conseil d'État (France), made by decision of 3 December 2003, received at the Court on 15 January 2004, in the proceedings between Abdelkader Dellas, Confédération générale du travail, Fédération nationale des syndicats des services de santé et des services sociaux CFDT, Fédération nationale de l'action sociale Force ouvrière and Premier ministre, Ministre des Affaires sociales, du Travail et de la Solidarité, in the presence of: Union des fédérations et syndicats nationaux d'employeurs sans but lucratif du secteur sanitaire, social et médico-social — the Court (Second Chamber), composed of C.W.A. Timmermans, President of the Chamber, R. Schintgen (Rapporteur), R. Silva de Lapuerta, P. Kūris and G. Arestis, Judges; D. Ruiz-Jarabo Colomer, Advocate General; L. Hewlett, Principal Administrator, for the, Registrar, gave a judgment on 1 December 2005, in which it rules:

| | Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time must be interpreted as precluding legislation of a Member State which, with respect to on-call duty performed by workers in certain social and medico-social establishments during which they are required to be physically present at their workplace, lays down, for the purpose of calculating the actual working time, a system of equivalence such as that at issue in the main proceedings, where compliance with all the minimum requirements laid down by that directive in order to protect effectively the safety and health of workers is not ensured. |
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Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time must be interpreted as precluding legislation of a Member State which, with respect to on-call duty performed by workers in certain social and medico-social establishments during which they are required to be physically present at their workplace, lays down, for the purpose of calculating the actual working time, a system of equivalence such as that at issue in the main proceedings, where compliance with all the minimum requirements laid down by that directive in order to protect effectively the safety and health of workers is not ensured.

| | Where national law fixes a ceiling more favourable to workers, in particular for maximum weekly working time, the relevant thresholds or ceilings for ascertaining whether the protective rules laid down by that directive are complied with are exclusively those set out in the directive. |
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Where national law fixes a ceiling more favourable to workers, in particular for maximum weekly working time, the relevant thresholds or ceilings for ascertaining whether the protective rules laid down by that directive are complied with are exclusively those set out in the directive.

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(1)  OJ C 59, 06.03.2004.

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