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European Observer on fundamental right's respect

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Case Law C-243/09 (14/10/2010)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 10/14/2010

Subject: The Court affirms that article 6(b) of Directive 2003/88/EC precludes national rules which allow a public-sector employer to transfer compulsorily to another service a worker employed as a fire fighter in an operational service on the ground that that worker has requested compliance, within the latter service, with the maximum average weekly working time laid down in that provision. The fact that such a worker suffers no specific detriment by reason of that transfer, other than that resulting from the infringement of Article 6(b) of Directive 2003/88, is irrelevant in that regard.

Parties: Günter Fuß

Classification: Solidarity - Art. 27 Worker’s rights: information - Worker’s rights: consultation - Art. 31 Working conditions: healthy - Working conditions: safe - Working conditions: dignified

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