10.8.2020

Official Journal of the European Union

C 262/16

(Case C-214/20)

(2020/C 262/21)

Language of the case: English

Referring court

Parties to the main proceedings

Complainant: MG

Respondent: Dublin City Council

Questions referred

1.Must Article 2 of the Directive (1) be interpreted to mean that a worker, when ‘on call’ at a location or locations of his choosing without requirement at any time while on-call to notify the employer of his or her location, but subject only to the requirement that the worker be able to respond to a ‘call in’ within a desirable turn-out period of 5 minutes and a maximum turn-out period of 10 minutes, is engaged in working time while on-call?

2.If the answer to question 1 is in the affirmative, can a worker who is not restricted other than by a requirement to respond to a call-in within a desirable turn-out period of 5 minutes and a maximum turn-out period of 10 minutes, and who is able, without restriction, to be employed contemporaneously by another employer or to engage in business on his own account while ‘on-call’, be regarded as engaged in ‘working time’ on behalf of the employer in respect of which employment he or she is ‘on call’?

3.If the answer to the second question is in the affirmative, if the worker actually is employed by a second employer while ‘on call’, subject only to a requirement that the second employer must release the worker when called in by the first employer, mean that the time spent by the worker ‘on call’ and working for the second employer be regarded as working time in terms of his relationship with the first employer?

4.If the answer to the third question is in the affirmative, does a worker who works for a second employer while on call to his first employer accrue working time in relation to the first and second employer contemporaneously?

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 (OJ 2003, L 299, p. 9).