CELEX: C2001/289/08
Language: en
Date: 2001-10-13 00:00:00
Title: Order of the Court (Sixth Chamber) of 3 July 2001 in Case C-241/99 (reference for a preliminary ruling from the Tribunal Superior de Justicia de Galicia): Confederación Intersindical Galega (CIG) v Servicio Galego de Saúde (Sergas) (Article 104(3) of the Rules of Procedure — Social policy — Protection of the health and safety of workers — Directives 89/391/EEC and 93/104/EC — Scope — Primary care services personnel — Average period of work — Inclusion of time on call)

13.10.2001                EN                     Official Journal of the European Communities                                             C 289/5
      Decision 2001/246/EC of 27 March 2001 laying down the                      outside emergencies in the area of the Autonomous Community
      conditions for the control and eradication of foot-and-mouth               of Galicia does not come within the scope of the exception
      disease in the Netherlands in application of Article 13 of                 or exclusions laid down in Article 2 of Council Directive
      Directive 85/511/EEC, as amended by Commission Decision                    89/391/EEC of 12 June 1989 on the introduction of measures
      2001/279/EC of 5 April 2001.                                               to encourage improvements in the safety and health of workers
                                                                                 at work. However, such an activity may come under the
(1) OJ C 173 of 16.6.2001.
                                                                                 derogations provided for in Article 17 of Directive 93/104, in
                                                                                 so far as the conditions set out in that provision are fulfilled.
                                                                            3)   Time spent on call, when their physical presence is required, by
                                                                                 the medical and nursing staff providing services for Servicio
                                                                                 Galego de Saúde in the on-call service, in primary care teams
                      ORDER OF THE COURT                                         and in other services which treat outside emergencies in the area
                                                                                 of the Autonomous Community of Galicia must be regarded in
                           (Sixth Chamber)                                       its entirety as working time, and where appropriate as overtime,
                                                                                 within the meaning of Directive 93/104.
                             of 3 July 2001
in Case C-241/99 (reference for a preliminary ruling from
the Tribunal Superior de Justicia de Galicia): Confedera-                   (1) OJ C 246 of 28.8.1999.
ción Intersindical Galega (CIG) v Servicio Galego de Saúde
                               (Sergas) (1)
(Article 104(3) of the Rules of Procedure — Social policy —
Protection of the health and safety of workers — Directives
89/391/EEC and 93/104/EC — Scope — Primary care
services personnel — Average period of work — Inclusion of
                              time on call)
                                                                                                ORDER OF THE COURT
                            (2001/C 289/08)
                    (Language of the case: Spanish)                                                  (First Chamber)
(Provisional translation; the definitive translation will be published                                of 12 July 2001
                     in the European Court Reports)
In Case C-241/99: reference to the Court under Article 234                  in Case C-256/99 (reference for a preliminary ruling from
EC from the Tribunal Superior de Justicia de Galicia (Spain),               the High Court of Justice of England and Wales, Queen’s
for a preliminary ruling in the proceedings pending before that             Bench Division (Crown Office)): The Queen v Secretary
court between Confederación Intersindical Galega (CIG) and                              of State for the Home Department (1)
Servicio Galego de Safide (Sergas) — on the interpretation of
Council Directive 89/391/EEC of 12 June 1989 on the                         (Article 104(3) of the Rules of Procedure — Question
introduction of measures to encourage improvements in the                   identical to a question on which the Court has already ruled)
safety and health of workers at work (OJ 1989 L 183, p. 1)
and Council Directive 93/104/EC of 23 November 1993
concerning certain aspects of the organization of working time                                        (2001/C 289/09)
(OJ 1993 L 307, p. 18) — the Court (Sixth Chamber),
composed of: C. Gulmann, President of the Chamber, V. Skour-
is, R. Schintgen, N. Colneric and J.N. Cunha Rodrigues                                          (Language of the case: English)
(Rapporteur), Judges; A. Tizzano, Advocate General; R. Grass,
Registrar, has given an order on 3 July 2001, the operative
part is as follows:                                                         In Case C-256/99: reference to the Court under Article 234
                                                                            EC from the High Court of Justice of England and Wales,
1)    An activity such as that of the medical and nursing staff             Queen’s Bench Division (Crown Office) for a preliminary
      providing services for Servicio Galego de Saúde in the on-call       ruling in the proceedings pending before that court between
      service, in primary care teams and in other services which treat      The Queen and Secretary of State for the Home Department,
      outside emergencies in the area of the Autonomous Community           ex parte Cheung Chiu Hung, intervener: Justice — on the
      of Galicia fall within the scope of Council Directive 93/104/EC       interpretation of Articles 8 and 8a of the EC Treaty (now, after
      of 23 November 1993 concerning certain aspects of the                 amendment, Articles 17 EC and 18 EC), of the Declaration by
      organization of working time.                                         the Government of the United Kingdom of Great Britain and
                                                                            Northern Ireland on the definition of the term ‘nationals’,
2)    An activity such as that of the medical and nursing staff             annexed to the Final Act of the Treaty concerning the
      providing services for Servicio Galego de Saúde in the on-call       Accession of the Kingdom of Denmark, Ireland and the United
      service, in primary care teams and in other services which treat      Kingdom of Great Britain and Northern Ireland to the European