CELEX: C2002/156/12
Language: en
Date: 2002-06-29 00:00:00
Title: Case C-151/02: Reference for a preliminary ruling by the Landesarbeitsgericht Schleswig-Holstein by order of that Court of 25 March 2002 in the case of Landeshauptstadt Kiel against Dr. med. Norbert Jaeger

29.6.2002              EN                    Official Journal of the European Communities                                       C 156/7
Pleas in law and main arguments                                         4.    Is it in breach of Directive 93/104/EC for a rule of
                                                                              national law to permit a collective agreement or a works
                                                                              agreement based on a collective agreement to allow rest
                                                                              periods, where time is spent on call and stand-by, to be
The period for implementation of the directive expired on                     adapted to the special circumstances of such duties,
14 March 2000.                                                                including in particular reductions in rest periods as a
                                                                              result of work actually being carried out, with these
                                                                              periods of duty being compensated for at other times?
(1) OJ 1998 L 77, p. 36.
                                                                        (1) OJ L 307, p. 18.
Reference for a preliminary ruling by the Landesarbeits-
gericht Schleswig-Holstein by order of that Court of
25 March 2002 in the case of Landeshauptstadt Kiel
                against Dr. med. Norbert Jaeger
                                                                        Reference for a preliminary ruling by the Bundesfinanz-
                                                                        hof by order of that Court of 21 March 2002 in the
                                                                        case of Terra Baubedarf-Handel GmbH against Finanzamt
                         (Case C-151/02)                                                     Osterholz-Scharmbeck
                         (2002/C 156/12)                                                        (Case C-152/02)
                                                                                                (2002/C 156/13)
Reference has been made to the Court of Justice of the
European Communities by order of the Landesarbeitsgericht
Schleswig-Holstein (Schleswig-Holstein Higher Labour Court)
of 25 March 2002, received at the Court Registry on 26 April
                                                                        Reference has been made to the Court of Justice of the
2002, for a preliminary ruling in the case of Landeshauptstadt
                                                                        European Communities by order of the Bundesfinanzhof
Kiel against Dr. med. Norbert Jaeger on the following questions:
                                                                        (Federal Finance Court) of 21 March 2002, received at the
                                                                        Court Registry on 26 April 2002, for a preliminary ruling in
1.    Does time spent on call by an employee in a hospital, in          the case of Terra Baubedarf-Handel GmbH against Finanzamt
      general, constitute working time within the meaning of            Osterholz-Scharmbeck on the following question:
      Article 2(1) of Directive 93/104/EC (1) even where the
      employee is permitted to sleep at times when he is not
      required to work?                                                 Can a taxable person exercise his right to deduct only in
                                                                        respect of the calendar year in which he holds an invoice
                                                                        pursuant to Article 18(1)(a) of Directive 77/388/EEC (1) or
2.    Is it in breach of Article 3 of Directive 93/104/EC for a         must the right to deduct always be exercised (even if retrospec-
      rule of national law to classify time spent on call as a rest     tively) in respect of the calendar year in which the right to
      period unless work is actually carried out, where the             deduct pursuant to Article 17(1) of Directive 77/388/EEC
      employee stays in a room provided in a hospital and               arose?
      works as and when required to do so?
3.    Is it in breach of Directive 93/104/EC for a rule of
      national law to permit a reduction in the daily rest period
      of 11 hours in hospitals and other establishments for the         (1) OJ L 145, p. 1.
      treatment, care and supervision of persons, where the
      amount of time actually worked during time spent on
      call or stand-by, not exceeding one half of the rest period,
      is compensated for at other times?