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 (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)
Date: 2006-02-11
Institutions: Court of Justice
Subjects: arrangement of working time, humanisation of work, interpretation of the law, occupational safety, organisation of work, working time

C 36/8

EN

Official Journal of the European Union

11.2.2006

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 47 of 21.02.2004

main proceedings, where compliance with all the minimum require-
ments 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 par-
ticular 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 direc-
tive.

JUDGMENT OF THE COURT

(1) OJ C 59, 06.03.2004.

(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)

favourable

to workers,

(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
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
the
presence differentiated according to the intensity of

in particular as

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 deci-
sion of 3 December 2003, received at the Court on 15 January
2004, in the proceedings between Abdelkader Dellas, Confé-
dération 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 Soli-
darité, 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 judg-
ment 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

JUDGMENT OF THE COURT

(Second Chamber)

of 8 December 2005

in Case C-33/04: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil obligations — Telecom-
munications — Directive 97/33/EC — Article 7(5) — Obli-
gation to verify the compliance of cost accounting systems by
a competent independent body and to publish a statement of
compliance — Directive 98/10/EC — Article 18(1) and (2)
— Failure to apply correctly the measures adopted as regards
verification of the compliance of the cost accounting system
by the national regulatory authority and the annual publica-
tion of a statement of compliance — Admissibility —
Interest in bringing proceedings — Pre-litigation procedure
— Rights of
the defence — Directives 2002/19/EC,
2002/21/EC and 2002/22/EC — Transitional provisions —
Member States to refrain, during the period laid down for
transposition of a directive, from taking any measures liable
seriously to compromise the result prescribed by that directive
— Reference interconnection offers)

(2006/C 36/14)

(Language of the case: French)

In Case C-33/04, Commission of the European Communities
(Agent: W. Wils and M. Shotter) v Grand Duchy of Luxem-
bourg (Agents: M. Thill and S. Schreiner, assisted by A.
Verheyden and F. Bimont, avocats,) — action under Article
226 EC for failure to fulfil obligations, brought on 29 January
2004 — the Court (Second Chamber), composed of C.W.A.
Timmermans, President of the Chamber, R. Silva de Lapuerta,
P. Kūris, G. Arestis (Rapporteur) and J. Klučka,, Judges; F.G.
Jacobs, Advocate General; H. von Holstein, Deputy Registrar,
for the Registrar, gave a judgment on 8 December 2005, in
which it: