ECJ 22 October 2026, Case C-420/24 (Compania Naţională de Administrare a Infrastructurii Rutiere SA – Direcția Regională de Drumuri și Poduri Iași - Compania Naţională de Administrare a Infrastructurii Rutiere SA – Direcția Regională de Drumuri și Poduri Iași)

Summary

Travel time outside a worker’s normal working hours to and from a workplace designated by the employer, other than the worker’s fixed or usual workplace, constitutes working time where the worker travels there to perform duties in accordance with the employer’s instructions. This applies where the journeys are inherent in the worker’s duties and the worker is sufficiently restricted in using the travel time for personal purposes. The referring court must verify whether that latter condition is met.

Questions

1. Must Article 2(1) of Directive 2003/88/EC be interpreted as meaning that travel time, including time outside normal working hours, to and from a workplace designated by the employer other than the worker’s fixed or usual workplace, to perform duties in accordance with the employer’s instructions, constitutes ‘working time’?

Ruling 

1. Article 2(1) of Directive 2003/88/EC must be interpreted as meaning that travel time, including time outside normal working hours, to and from a workplace designated by the employer other than the worker’s fixed or usual workplace, to perform duties in accordance with the employer’s instructions, constitutes ‘working time’.