# C_2022257EN.01001702.xml

| 4.7.2022 | EN | Official Journal of the European Union | C 257/17 |
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4.7.2022

EN

Official Journal of the European Union

C 257/17

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Request for a preliminary ruling from the Rayonen sad — Kula (Bulgaria) lodged on 25 August 2021 — OP, MN, KL, IJ, GH, EF, CD and AB v Glavna direktsia ‘Pozharna bezopasnost i zashtita na naselenieto’ kam Ministerstvo na vatreshnite raboti

(Joined Cases C-529/21, C-530/21, C-531/21, C-532/21, C-533/21, C-534/21, C-535/21 and С-536/21)

(2022/C 257/23)

Language of the case: Bulgarian

Referring court

Rayonen sad — Kula

Parties to the main proceedings

Applicants: OP, MN, KL, IJ, GH, EF, CD and AB

Defendant: Glavna direktsia ‘Pozharna bezopasnost i zashtita na naselenieto’ kam Ministerstvo na vatreshnite raboti

Questions referred

| 1. | Does Directive 2003/88/EC (1) apply where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil service protection services inevitably conflict with it, given that:
  Article 1(3) of Directive 2003/88/EC provides that that directive is to apply to all sectors of activity, both public and private, within the meaning of Article 2 of Directive 89/391/EEC; (2)

  Article 2(2) of Directive 89/391/EEC provides that that directive is not to be applicable where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services inevitably conflict with it? |
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1.

Does Directive 2003/88/EC (1) apply where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil service protection services inevitably conflict with it, given that:

Article 1(3) of Directive 2003/88/EC provides that that directive is to apply to all sectors of activity, both public and private, within the meaning of Article 2 of Directive 89/391/EEC; (2)

Article 2(2) of Directive 89/391/EEC provides that that directive is not to be applicable where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services inevitably conflict with it?

| 2. | When appraising the equivalence of the appropriate protection and prevention services or facilities within the meaning of Article 12(b) of Directive 2003/88/EC of a category of workers who perform night work and whose night working hours are not more than seven hours in any 24 hours by comparison with another category of workers who also perform night work and whose night working hours are not more than eight hours, but who have advantages such as longer leave, higher retirement allowances and higher additional remuneration for seniority, is it necessary to take the advantages which workers in the second category enjoy into consideration? |
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2.

When appraising the equivalence of the appropriate protection and prevention services or facilities within the meaning of Article 12(b) of Directive 2003/88/EC of a category of workers who perform night work and whose night working hours are not more than seven hours in any 24 hours by comparison with another category of workers who also perform night work and whose night working hours are not more than eight hours, but who have advantages such as longer leave, higher retirement allowances and higher additional remuneration for seniority, is it necessary to take the advantages which workers in the second category enjoy into consideration?

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(1)  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, Special edition in Bulgarian: Chapter 05 Volume 007 P. 3).

(2)  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, Special edition in Bulgarian: Chapter 05 Volume 002 P. 88 — 96).

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