5.8.2019

Official Journal of the European Union

C 263/30

(Case C-344/19)

(2019/C 263/35)

Language of the case: Slovenian

Referring court

Parties to the main proceedings

Applicant: D.J.

Defendant: Radiotelevizija Slovenija

Questions referred

1.Must Article 2 of Directive 2003/88 (1) be interpreted as meaning that, in circumstances such as those in the present case, stand-by duty, during which a worker performing his work at a radio and television transmission station must during the period he is not at work (when his physical presence at the workplace is not necessary) be contactable when called and, where necessary, be at his workplace within one hour, is to be considered working time?

2.Is the definition of the nature of stand-by duty in circumstances such as those of the present case affected by the fact that the worker resides in accommodation provided at the site where he performs his work (radio and television transmission station), since the geographical characteristics of the site make it impossible (or more difficult) to return home (‘down the valley’) each day?

3.Must the answer to the two preceding questions be different where the site involved is one where the opportunities for pursuing leisure activities during free time are limited on account of the geographical characteristics of the place or where the worker encounters greater restrictions on the management of his free time and pursuit of his own interests (than if he lived at home)?

(1) 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).