Considerations On The Meaning Of The Notion Of €Œworking Time†In The Light Of Recent C.J.E.U. Jurisprudence

In a series of decisions ruled for preliminary questions, the Court of Justice of the European Union interpreted the notion of “working time†, as well as that of “resting time†, defined by Directive 2003/88/EC of the European Parliament and Council of 4th of November 2003 on certain matters of organizing working time. The objective of the Directive is to guarantee superior protection of workers’ security and health, providing in this respect a series of minimum rules. In terms of these European rules, CJEU had to rule again on certain submitted preliminary questions. This study aims to highlight a part of these decisions and their incidence in the employment relations practice. The national court, in settling a conflict concerning the calculation of the working time of an employee, shall be bound to verify the incidence of absolutions made by the European court in the matter and, subsequently, to apply them for the factual case it settles. Indirectly, the employers are bound to take into account the solutions of the European court.