Order — ECLI:EU:C:2011:122
Date: 2011-03-04
Language of the case: Romanian
Court formation: Sixth Chamber
Subject matter: Social Policy
Procedure: Reference for a preliminary ruling
Origin: Romania

Reference for a preliminary ruling from the Tribunalul Dâmboviţa (Romania) lodged on 25 May 2010 -Nicuşor Grigore v Regia Naţională a Pădurilor Romsilva - Direcţia Silvică Bucureşti (Case C-258/10) Language of the case: Romanian Referring court Tribunalul Dâmboviţa Parties to the main proceedings Applicant: Nicuşor Grigore Defendant: Regia Naţională a Pădurilor Romsilva - Direcţia Silvică Bucureşti Questions referred 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 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? 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? 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? 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.