Case C-437/05: Order of the Court (Fifth Chamber) of 11 January 2007 (reference for a preliminary ruling of The Okresní soud v Českém Krumlově, Czech Republic) — Jan Vorel v Nemocnice Český Krumlov (First subparagraph of Article 104(3) of the Rules of Procedure — Social Policy — Protection of the health and safety of workers — Directives 93/104/EC and 2003/88/EC — Concept of working time — Periods of inactivity during on-call duty provided by a doctor at his place of work — Classification — Effect on the remuneration of the person concerned)
Date: 2007-03-10
Institutions: Court of Justice
Subjects: interpretation of the law, labour law, organisation of work, physician, working time

C 56/12

EN

Official Journal of the European Union

10.3.2007

(2) Orders the Czech Republic to pay the costs.

(1) OJ C 143, 17.6.2006.

Order of the Court (Fifth Chamber) of 11 January 2007
(reference for a preliminary ruling of The Okresní soud v
Českém Krumlově, Czech Republic) — Jan Vorel v Nemoc-
nice Český Krumlov

be physically present at the place of work, but in the course of
which he does no actual work, is not treated as wholly consti-
tuting ‘working time’ within the meaning of the said directives;

— not preventing a Member State from applying legislation on
the remuneration of workers and concerning on-call duties
performed by them at the workplace which makes a distinction
between the treatment of periods in the course of which work is
actually done and those during which no actual work is done,
provided that such a system wholly guarantees the practical
effect of the rights conferred on workers by the said directives in
order
their health and
safety.

to ensure the effective protection of

(Case C-437/05) (1)

(1) OJ C 36, 11.2.2006.

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Social Policy — Protection of the health and safety of
workers — Directives 93/104/EC and 2003/88/EC —
Concept of ‘working time’ — Periods of inactivity during on-
call duty provided by a doctor at his place of work — Classifi-
cation — Effect on the remuneration of the person concerned)

(2007/C 56/20)

Language of the case: Czech

Order of the Court of 9 January 2007 (reference for a preli-
minary ruling from the Finanzgericht München, Germany)
— Juers Pharma Import-Export GmbH v Oberfinanzdirek-
tion Nürnberg

(Case C-40/06) (1)

Referring court

Okresní soud v Českém Krumlově (Český Krumlov District
Court)

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Common Customs Tariff — Combined Nomenclature
— Tariff classification — Capsules containing primarily
melatonin — Medicaments)

Parties

Applicant: Jan Vorel

(2007/C 56/21)

Language of the case: German

Defendant: Nemocnice Český Krumlov (Český Krumlov Hospital)

Re:

Referring court

Finanzgericht München

Reference for a preliminary ruling — Okresní Soud v Českém
Krumlově — Interpretation of Articles 2(1) and 18 of Council
Directive 93/104/EC of 23 November 1993 concerning certain
aspects of the organisation of working time (OJ 1993 L 307, p.
18) — Meaning of working time — National
legislation
regarding periods of inactivity during the on-call period of a
doctor at his place of work as not constituting working time

Parties in the main proceedings

Applicant: Juers Pharma Import-Export GmbH

Defendant: Oberfinanzdirektion Nürnberg

Operative part of the order

Re:

1. Directive 93/104/EC of

the Council of 23 November 1993
concerning certain aspects of the organisation of working time, as
amended by Directive 2000/34/EC of the European Parliament
and of the Council of 22 June 2000, and 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 should be interpreted as:

— precluding national

legislation under which on-call duty
performed by a doctor under a system where he is expected to

Reference for a preliminary ruling — Finanzgericht München —
Interpretation of Commission Regulation (EC) No 1789/2003
of 11 September 2003 amending Annex I to Council Regulation
(EEC) No 2658/87 on the tariff and statistical nomenclature and
on the Common Customs Tariff (OJ 2003 L 281, p. 1) —
Heading 3004 (medicaments) and heading 2106 (food prepara-
tions) of the Combined Nomenclature — Classification of mela-
tonin capsules put up as dietary supplements but which may be
supplied only by pharmacies and on prescription — Twinlab
Melatonin Caps