C 165/8
EN
Official Journal of the European Union
19.4.2022
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. 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.
(1)
OJ C 279, 24.8.2020.
Judgment of the Court (Fifth Chamber) of 24 February 2022 (request for a preliminary ruling from the Tribunal du travail francophone de Bruxelles — Belgium) — CO and Others v MJ, European Commission, European External Action Service (EEAS), Council of the European Union, Eulex Kosovo (Case C-283/20) (1) (Reference for a preliminary ruling — Common Foreign and Security Policy (CFSP) — European Union Rule of Law Mission in Kosovo (Eulex Kosovo) — Joint Action 2008/124/CFSP — Article 8(3) and (5), Article 9(3) and Article 10(3) — Status of employer of the mission staff — Article 16(5) — Subrogation) (2022/C 165/08) Language of the case: French Referring court Tribunal du travail francophone de Bruxelles
Parties to the main proceedings Applicants: CO and Others Defendants: MJ, European Commission, European External Action Service, Council of the European Union, Eulex Kosovo
Operative part of the judgment Article 16(5) of Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, Eulex Kosovo, as amended by Council Decision 2014/349/CFSP of 12 June 2014, must be interpreted as meaning that, starting from 15 June 2014, it designates the Rule of Law Mission in Kosovo, known as ‘Eulex Kosovo’, referred to in Article 1 of that joint action, as responsible and therefore as defendant in any action relating to the consequences of the implementation of the mission entrusted to it, irrespective of whether the facts underlying such an action occurred before 12 June 2014, the date when Decision 2014/349 entered into force.
(1)
OJ C 297, 7.9.2020.