CJEU - C 243/09 / Judgment

Günter Fuß v Stadt Halle
Deciding body type
Court of Justice of the European Union
Deciding body
European Court of Justice (Second Chamber)
Decision date
  • CJEU - C 243/09 / Judgment
    Key facts of the case:
    An employee of the municipal fire service claimed that his weekly working time should not exceed 48 hours. Consequently, he was transferred to another post within the same service where exceeding of working hours could be avoided. The employee, however, insisted on reduction of his working time at his original post and lodged a complaint before the competent administrative court which referred to CJ.
    Results (sanctions) and key consequences of the case:
    Article 6(b) 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 must be interpreted as precluding national rules, such as those at issue in the main proceedings, which allow a public-sector employer to transfer compulsorily to another service a worker employed as a fire fighter in an operational service on the ground that that worker has requested compliance, within the latter service, with the maximum average weekly working time laid down in that provision. The fact that such a worker suffers no specific detriment by reason of that transfer, other than that resulting from the infringement of Article 6(b) of Directive 2003/88, is irrelevant in that regard.