# C_2022165EN.01000701.xml

| 19.4.2022 | EN | Official Journal of the European Union | C 165/7 |
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19.4.2022

EN

Official Journal of the European Union

C 165/7

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Judgment of the Court (Second Chamber) of 24 February 2022 (request for a preliminary ruling from the Rayonen sad Lukovit — Bulgaria) — VB v Glavna direktsia ‘Pozharna bezopasnost i zashtita na naselenieto’

(Case C-262/20) (1)

(Reference for a preliminary ruling - Social policy - Organisation of working time - Directive 2003/88/EC - Article 8 - Article 12(a) - Articles 20 and 31 of the Charter of Fundamental Rights of the European Union - Reduction of the normal length of night work in relation to day work - Public sector workers and private sector workers - Equal treatment)

(2022/C 165/07)

Language of the case: Bulgarian

Referring court

Rayonen sad Lukovit

Parties to the main proceedings

Applicant: VB

Defendant: Glavna direktsia ‘Pozharna bezopasnost i zashtita na naselenieto’

Operative part of the judgment

| 1. | Articles 8 and 12(а) 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 not requiring the adoption of national legislation providing that the normal length of night work for workers in the public sector, such as police officers and firefighters, is shorter than the normal length of day work laid down for them. Such workers should in any case benefit from other protective measures in terms of working hours, pay, allowances or similar benefits, in order to compensate for the particular hardship involved in the night work they perform. |
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1.

Articles 8 and 12(а) 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 not requiring the adoption of national legislation providing that the normal length of night work for workers in the public sector, such as police officers and firefighters, is shorter than the normal length of day work laid down for them. Such workers should in any case benefit from other protective measures in terms of working hours, pay, allowances or similar benefits, in order to compensate for the particular hardship involved in the night work they perform.

| 2. | Articles 20 and 31 of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that they do not preclude the normal length of night work of seven hours laid down in the legislation of a Member State for workers in the private sector from being applied to workers in the public sector, including police officers and firefighters, if such a difference in treatment is based on an objective and reasonable criterion, that is to say, it relates to a legally permitted aim pursued by that legislation, and is proportionate to that aim. |
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2.

Articles 20 and 31 of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that they do not preclude the normal length of night work of seven hours laid down in the legislation of a Member State for workers in the private sector from being applied to workers in the public sector, including police officers and firefighters, if such a difference in treatment is based on an objective and reasonable criterion, that is to say, it relates to a legally permitted aim pursued by that legislation, and is proportionate to that aim.

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(1)  OJ C 279, 24.8.2020.

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