CELEX: C2006/261/05
Language: en
Date: 2006-10-28 00:00:00
Title: Case C-484/04: Judgment of the Court (Third Chamber) of 7 September 2006 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Social policy — Protection of the health and safety of workers — Directive 93/104/EC — Organisation of working time — Article 17(1) — Derogation — Articles 3 and 5 — Right to minimum daily and weekly rest periods)

28.10.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/3
            
         Judgment of the Court (Third Chamber) of 7 September 2006 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
   (Case C-484/04) (1)
   
   (Failure of a Member State to fulfil obligations - Social policy - Protection of the health and safety of workers - Directive 93/104/EC - Organisation of working time - Article 17(1) - Derogation - Articles 3 and 5 - Right to minimum daily and weekly rest periods)
   (2006/C 261/05)
   Language of the case: English
   Parties
   
      Applicant: Commission of the European Communities (represented by: G. Rozet and N. Yerrell, Agents)
   
      Defendant: United Kingdom of Great Britain and Northern Ireland (represented by: M. Bethell and E. O'Neill, Agents, and K. Smith, Barrister)
   Re:
   Failure by a Member State to fulfil obligations — Breach of Article 17(1) 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) — Scope of the derogation — Implementation of provisions relating to rest periods
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by applying the derogation provided for in Article 17(1) of Council Directive 93/104/EC 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, to workers whose working time is partially not measured or predetermined or can be determined partially by the worker himself and by failing to adopt the measures necessary to implement the rights of workers to daily and weekly rest, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Articles 17(1), 3 and 5 of that directive;
            
         
               2.
            
            
               Orders the United Kingdom of Great Britain and Northern Ireland to pay the costs.
            
         
      (1)  OJ C 31, 5. 2. 2005.