Request for a preliminary ruling from the Vrhovno sodišče Republike Slovenije (Slovenia) lodged on 10 October 2019 — B. K. v Republic of Slovenia

(Case C-742/19)

(2020/C 19/15)

Language of the case: Slovenian

Referring court

Vrhovno sodišče Republike Slovenije

Parties to the main proceedings

Applicant: B. K.

Defendant: Republic of Slovenia

Questions referred

1.	Does Article 2 of Directive 2003/88/EC (1) apply even to workers employed in the defence sector and to military personnel who perform guard duty in peace time?

2.

Do the provisions of Article 2 of Directive 2003/88/EC preclude national legislation pursuant to which time spent by workers in the defence sector at their place of work or at some other designated place (but not at home) on stand-by, and time during which military personnel in the defence sector performing guard duty are physically present in barracks but not actually working, is not counted as ‘working time’?

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(1)  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 (OJ 2003 L 299, p. 9).