CELEX: C2004/228/53
Language: en
Date: 2004-09-11 00:00:00
Title: Case C-287/04: Action brought on 5 July 2004 by the Commission of the European Communities against the Kingdom of Sweden

11.9.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 228/26
            
         Action brought on 5 July 2004 by the Commission of the European Communities against the Kingdom of Sweden
   (Case C-287/04)
   (2004/C 228/53)
   An action against the Kingdom of Sweden was brought before the Court of Justice of the European Communities on 5 July 2004 by the Commission of the European Communities, represented by L. Ström and N. Yerrell, acting as Agents, with an address for service in Luxembourg.
   The Commission claims that the Court should:
   
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               declare that, by failing to implement Articles 3, 6 and 8 of Council Directive 93/104/EC (1) of 23 November 1993 concerning certain aspects of the organisation of working time, the Kingdom of Sweden has failed to fulfil its obligations under that directive;
            
         
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               order the Kingdom of Sweden to pay the costs of the proceedings.
            
         Pleas in law and main arguments
   The Swedish legislation does not guarantee, as required under Article 3 of the directive, a minimum daily rest period of 11 consecutive hours per 24-hour period. The fact that the majority of workers are covered by collective agreements which governed those questions does not affect the obligation to implement that provision in respect of all workers.
   As regards Article 6 of the directive, the normal reference period of four months laid down in Article 16(2) for the application of Article 6 may not, under Article 17(4), be extended to more than six months. The scope of the possible derogation as regards the reference period is less than that provided for by the Swedish legislation.
   Article 8 of the directive has not been expressly incorporated in the Swedish legislation.
   
      (1)  OJ L 307, 13.12.1993, p. 18.