This document is an excerpt from the EUR-Lex website
Document 62019CA0742
Case C-742/19: Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — B.K. v Republika Slovenija (Ministrstvo za obrambo) (Reference for a preliminary ruling — Protection of the safety and health of workers — Organisation of working time — Members of the armed forces — Applicability of EU law — Article 4(2) TEU — Directive 2003/88/EC — Scope — Article 1(3) — Directive 89/391/EEC — Article 2(2) — Military activities — Concept of ‘working time’ — Stand-by period — Dispute concerning the remuneration of a worker)
Case C-742/19: Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — B.K. v Republika Slovenija (Ministrstvo za obrambo) (Reference for a preliminary ruling — Protection of the safety and health of workers — Organisation of working time — Members of the armed forces — Applicability of EU law — Article 4(2) TEU — Directive 2003/88/EC — Scope — Article 1(3) — Directive 89/391/EEC — Article 2(2) — Military activities — Concept of ‘working time’ — Stand-by period — Dispute concerning the remuneration of a worker)
Case C-742/19: Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — B.K. v Republika Slovenija (Ministrstvo za obrambo) (Reference for a preliminary ruling — Protection of the safety and health of workers — Organisation of working time — Members of the armed forces — Applicability of EU law — Article 4(2) TEU — Directive 2003/88/EC — Scope — Article 1(3) — Directive 89/391/EEC — Article 2(2) — Military activities — Concept of ‘working time’ — Stand-by period — Dispute concerning the remuneration of a worker)
OJ C 349, 30.8.2021, p. 5–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
30.8.2021 |
EN |
Official Journal of the European Union |
C 349/5 |
Judgment of the Court (Grand Chamber) of 15 July 2021 (request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije — Slovenia) — B.K. v Republika Slovenija (Ministrstvo za obrambo)
(Case C-742/19) (1)
(Reference for a preliminary ruling - Protection of the safety and health of workers - Organisation of working time - Members of the armed forces - Applicability of EU law - Article 4(2) TEU - Directive 2003/88/EC - Scope - Article 1(3) - Directive 89/391/EEC - Article 2(2) - Military activities - Concept of ‘working time’ - Stand-by period - Dispute concerning the remuneration of a worker)
(2021/C 349/05)
Language of the case: Slovenian
Referring court
Vrhovno sodišče Republike Slovenije
Parties to the main proceedings
Applicant: B.K.
Defendant: Republika Slovenija (Ministrstvo za obrambo)
Operative part of the judgment
|
1. |
Article 1(3) 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, read in the light of Article 4(2) TEU, must be interpreted as meaning that a security activity performed by a member of military personnel is excluded from the scope of that directive:
|
|
2. |
Article 2 of Directive 2003/88 must be interpreted as not precluding a stand-by period during which a member of military personnel is required to remain at the barracks to which he or she is posted, but does not perform actual work there, from being remunerated differently than a stand-by period during which he or she performs actual work. |