30.1.2010

Official Journal of the European Union

C 24/22

Reference for a preliminary ruling from the Conseil d’Etat (France) lodged on 29 October 2009 — Union Syndicale ‘Solidaires Isère’ v Premier ministre, Ministre du travail, des relations sociales, de la famille, de la solidarité et de la ville, Ministre de la santé et des sports

(Case C-428/09)

2010/C 24/40

Language of the case: French

Referring court

Parties to the main proceedings

Applicant: Union Syndicale ‘Solidaires Isère’

Defendants: Premier ministre, Ministre du travail, des relations sociales, de la famille, de la solidarité et de la ville, Ministre de la santé et des sports

Questions referred

1.Does Directive 2003/88/EC apply to occasional or seasonal staff carrying out a maximum of 80 days of work a year in holiday and leisure activity centres?

(a) In view of the purpose of the Directive which, as set out in Article 1(1) thereof, is to lay down minimum safety and health requirements for the organisation of working time, must Article 17 thereof be interpreted as allowing:

—under Article 17(1), the occasional or seasonal activity of persons with educational commitment contracts to be regarded as an activity for which ‘on account of the specific characteristics of the activity concerned, the duration of the working time is not measured and/or predetermined or can be determined by the workers themselves’, or

—under Article 17(3)(b), the occasional or seasonal activity of persons with educational commitment contracts to be regarded as ‘security and surveillance activities requiring a permanent presence in order to protect property and persons’?

(b) in the latter case, should the conditions laid down in Article 17(2), in terms of ‘equivalent periods of compensatory rest’ or ‘appropriate protection’ to be afforded to the workers concerned, be regarded as being satisfied by a rule restricting the activity of a person with the contracts in question to 80 days of work a year in holiday and leisure activity centres?

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 L 299, p. 9).