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Case C-429/09: Reference for a preliminary ruling from the Verwaltungsgericht Halle (Germany) lodged on 30 October 2009 — Günter Fuß v Stadt Halle (Saale)
ECLI:EU:UNKNOWN:62009CN0429
62009CN0429
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Official Journal of the European Union
C 24/23
(Case C-429/09)
2010/C 24/41
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Günter Fuß
Defendant: Stadt Halle (Saale)
Questions referred
1.Do secondary claims result from Directive 2003/88/EC (1) of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time, where an (official) employer has determined a working time which exceeds the limit laid down in Article 6(b) of Directive 2003/88/EC?
2.In the event that the first question is to be answered in the affirmative, does the claim result from an infringement of Directive 2003/88/EC alone, or does Community law establish further requirements for the claim, for example, an application to the employer for a reduction in working time, or fault in determining the working time?
3.In the event that a secondary claim exists, the question then arises whether the remedy should be time off in lieu or financial compensation, and what requirements exist under Community law for calculating the level of the claim?
4.Are the reference periods laid down in Article 16(b) and/or the second paragraph of Article 19 of Directive 2003/88/EC directly applicable in a case such as the present one, in which national law merely determines a working time which exceeds the maximum working time laid down in Article 6(b) of Directive 2003/88/EC, without providing for compensation? Should direct applicability be affirmed, the question then arises whether, and if necessary how, the compensation should be effected, if the employer does not grant compensation by the end of the reference period?
5.How must questions one to four be answered during the period when Council Directive 93/104/EC (2) of 23 November 1993 was in force?
(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).
(2) Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time (OJ 1993 L 307 p. 18).