C 257/18
EN
Official Journal of the European Union
4.7.2022
2.
When appraising the equivalence of the appropriate protection and prevention services or facilities within the meaning of Article 12(b) of Directive 2003/88/EC of a category of workers who perform night work and whose night working hours are not more than seven hours in any 24 hours by comparison with another category of workers who also perform night work and whose night working hours are not more than eight hours, but who have advantages such as longer leave, higher retirement allowances and higher additional remuneration for seniority, is it necessary to take the advantages which workers in the second category enjoy into consideration?
(1) (2)
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 (OJ 2003 L 299, p. 9, Special edition in Bulgarian: Chapter 05 Volume 007 P. 3).
Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1, Special edition in Bulgarian: Chapter 05 Volume 002 P. 88 — 96).
Request for a preliminary ruling from the Rayonen sad Kula (Bulgaria) lodged on 30 November 2021 — AB, BC, CD, DE, EF, FG and GH v Glavna direktsia ‘Pozharna bezopasnost i zashtita na naselenieto’ kam Ministerstvo na vatreshnite raboti (Joined Cases C-732/21, C-733/21, C-734/21, C-735/21, C-736/21, C-737/21 and C-738/21) (2022/C 257/24) Language of the case: Bulgarian Referring court Rayonen sad Kula
Parties to the main proceedings Applicants: AB, BC, CD, DE, EF, FG and GH Defendant: Glavna direktsia ‘Pozharna bezopasnost i zashtita na naselenieto’ kam Ministerstvo na vatreshnite raboti (Directorate General for fire safety and civil protection of the Ministry of the Interior, Bulgaria)
Questions referred 1.
Is Directive 2003/88/EC (1) applicable where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services, inevitably conflict with it, in view of the fact that: Article 1(3) of Directive 2003/88/EC provides that that directive is to apply to all sectors of activity, both public and private, within the meaning of Article 2 of Directive 89/391/EEC; (2) Article 2(2) of Directive 89/391/EEC provides that that directive is not applicable where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services inevitably conflict with it? 2.
In assessment of whether the appropriate protection facilities within the meaning of Article 12(b) of Directive 2003/88/EC for one category of workers who perform night work where the length of their night work does not exceed 7 hours in any 24-hour period are equivalent to those for a different category of workers who also carry out night work and for whom the length of their night work does not exceed 8 hours but who enjoy benefits such as more leave, higher retirement pensions and higher additional remuneration for length of service, should the benefits enjoyed by workers in the second category be taken into account?
(1) (2)
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 (OJ 2003 L 299, p. 9).
Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ 1989 L 183, p. 1).