ECJ 9 March 2021, Case C-580/19 (Stadt Offenbach am Main), Working Time

Summary

A period of stand-by time according to a stand-by system is not, in its entirety, working time unless the constraints imposed on the worker very significantly affect his or her ability to manage, during that period, his or her freetime.

Question

Must Article 2 of Directive 2003/88 be interpreted as meaning that the period of stand-by time during which a worker must be able to reach the town boundary of his place of employment within 20 minutes, with his uniform and the service vehicle made available to him by his employer, using the traffic regulations privileges and rights of priority attached to that vehicle, constitutes ‘working time’ within the meaning of that article, and whether the average frequency with which he is actually called upon to intervene during that period is to be taken into account in the context of such categorisation.

Ruling

Article 2(1) 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 must be interpreted as meaning that a period of stand-by time according to a stand-by system, during which a worker must be able to reach the town boundary of his or her workplace within a 20 minute response time, in uniform with the service vehicle made available to him or her by his or her employer, using traffic regulations privileges and rights of priority attached to that vehicle, constitutes, in its entirety, ‘working time’, within the meaning of that provision, solely if it follows from an overall assessment of all the circumstances of the case, in particular the consequences of such a response time and, where appropriate, the average frequency of interventions during that period, that the constraints imposed on that worker during that period are of such a nature as to constrain objectively and very significantly the ability that he or she has to freely manage, during the same period, the time during which his or her professional services are not required and to devote that time to his or her own interests.