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Landeshauptstadt Kiel v. Jaeger

C-151/02 (2003)

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Landeshauptstadt Kiel v. Jaeger

European Court of Justice
C-151/02 (2003)

MJ

Facts

A German doctor (defendant) was a surgeon at a hospital (plaintiff). The doctor worked six periods of on-call duty each month. On-call duty would begin after a normal working day. The period of on-call duty was 16 hours during the week and the entire day on weekends. When on-call, the doctor was required to stay at the hospital, where he had a room with a bed and could sleep in between being called to duty. Under this arrangement, the doctor was at the hospital for long periods without actually performing any services. A lawsuit arose. A conflict arose between European Union law and German law. Under European Union law, working time included “any period during which the worker is working, at the employer’s disposal and carrying out his activity or duties.” Rest periods were any periods that were not working times. But under German law, there were three categories of work: readiness for work, on-call service, and standby. Only readiness for work was full working time, whereas the other two categories were rest times (except when an employee was performing services). In addition, European Union law provided for daily minimum rest periods, rest breaks, and maximum weekly hours, including overtime. German courts referred the matter to the European Court of Justice to resolve the conflict.

Rule of Law

Issue

Holding and Reasoning ()

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