Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 11/11/2021

Subject: According to the Court, a period of stand-by time according to a stand-by system served by a retained firefighter, during which that worker, with the permission of his or her employer, carries out a professional activity on his or her own account but must, in the event of an emergency call, reach his or her assigned fire station within 10 minutes, does not constitute ‘working time’ within the meaning of Directive 2003/88 if it follows from an overall assessment of all the facts of the case that the constraints imposed on the said worker during that period are not of such a nature as to constrain objectively and very significantly the ability that he or she has freely to manage, during the said period, the time during which his or her services as a retained firefighter are not required

Parties: Dublin City Council

Classification: Solidarity - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified

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