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Case C-531/23, Loredas: Judgment of the Court (Seventh Chamber) of 19 December 2024 (request for a preliminary ruling from the Tribunal Superior de Justicia del País Vasco – Spain) – HJ v US, MU (Reference for a preliminary ruling – Social policy – Protection of the safety and health of workers – Organisation of working time – Daily and weekly rest – Article 31(2) of the Charter of Fundamental Rights of the European Union – Directive 2003/88/EC – Articles 3, 5, 6, 16, 17, 19 and 22 – Requirement to establish a system enabling the duration of time worked by domestic workers to be measured – Derogation – National legislation exempting domestic workers from the obligation to record actual time worked)
ECLI:EU:UNKNOWN:62023CA0531
62023CA0531
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Official Journal of the European Union
C series
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C/2025/1066
(Case C-531/23,
Loredas)
(Reference for a preliminary ruling - Social policy - Protection of the safety and health of workers - Organisation of working time - Daily and weekly rest - Article 31(2) of the Charter of Fundamental Rights of the European Union - Directive 2003/88/EC - Articles 3, 5, 6, 16, 17, 19 and 22 - Requirement to establish a system enabling the duration of time worked by domestic workers to be measured - Derogation - National legislation exempting domestic workers from the obligation to record actual time worked)
(C/2025/1066)
Language of the case: Spanish
Referring court
Parties to the main proceedings
Applicant: HJ
Defendants: US, MU
Intervening party: Fondo de Garantía Salarial (FOGASA)
Operative part of the judgment
Articles 3, 5 and 6 of 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, read in the light of Article 31(2) of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding national legislation, and its interpretation by the national courts or an administrative practice based on such legislation, under which domestic employers are exempt from the obligation to establish a system enabling the duration of time worked by domestic workers to be measured, thereby depriving those workers of the possibility of determining objectively and reliably the number of hours worked and their distribution over time.
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ELI: http://data.europa.eu/eli/C/2025/1066/oj
ISSN 1977-091X (electronic edition)
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* Language of the case: Spanish.