CELEX: E2016J0019
Language: en
Date: 2017-11-27 00:00:00
Title: Judgment of the Court of 27 November 2017 in Case E-19/16 — Thorbjørn Selstad Thue supported by the Norwegian Police Federation (Politiets Fellesforbund) v The Norwegian Government (Directive 2003/88/EC — Protection of the safety and health of workers — Working time — Travel to and/or from a location other than a worker’s fixed or habitual place of attendance)

5.4.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 119/10
            
         JUDGMENT OF THE COURT
   of 27 November 2017
   in Case E-19/16
   Thorbjørn Selstad Thue supported by the Norwegian Police Federation (Politiets Fellesforbund) v The Norwegian Government
   
      (Directive 2003/88/EC — Protection of the safety and health of workers — Working time — Travel to and/or from a location other than a worker’s fixed or habitual place of attendance)
   
   (2018/C 119/11)
   In Case E-19/16, Thorbjørn Selstad Thue supported by the Norwegian Police Federation (Politiets Fellesforbund) v The Norwegian Government — REQUEST to the Court pursuant to Article 34 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice by the Supreme Court of Norway (Norges Høyesterett) concerning the interpretation of Article 2 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, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Per Christiansen, and Ása Ólafsdóttir (ad hoc), Judges, gave judgment on 27 November 2017, the operative part of which is as follows:
   
               1.
            
            
               The necessary time spent travelling, outside normal working hours, by a worker, such as the appellant, to and/or from a location other than his fixed or habitual place of attendance in order to carry out his activity or duties in that other location, as required by his employer, constitutes ‘working time’ within the meaning of Article 2 of Directive 2003/88/EC.
            
         
               2.
            
            
               No intensity assessment is required of the amount of work performed while travelling.
            
         
               3.
            
            
               The frequency of such journeys is immaterial unless the effect is to transfer the worker’s place of employment to a new fixed or habitual place of attendance.