Link: https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-11/cp210201en.pdf

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Court of Justice of the European Union

PRESS RELEASE No 201/21

Luxembourg, 11 November 2021

Judgment in Case C-214/20 Dublin City Council

The Court defines the scope of the concept of ‘working time’ for a period of stand-by time according to a stand-by system

MG, a retained firefighter employed on a part-time basis by Dublin City Council (Ireland), is, by virtue of a system of stand-by time according to a stand-by system, retained by the brigade of the fire station by which he was trained. He is required to participate in 75% of that brigade’s interventions and has the option of refraining from the remaining interventions. Without being obliged, during his periods of stand-by time, to be present at a specific place, MG must, when he receives an emergency call to participate in an intervention, arrive at the fire station within a maximum period of 10 minutes. The period of stand-by time according to a stand-by system is, in principle, 7 days per week and 24 hours per day and is interrupted only by leave periods and periods of unavailability notified in advance.

MG is however permitted to carry out a professional activity, provided that that activity does not exceed 48 hours per week on average. Thus, he works as a taxi driver on his own account.