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CJEU Case C-147/17 / Opinion

Sindicatul Familia Constanţa and Others v Direcţia Generală de Asistenţă Socială şi Protecţia Copilului Constanţa

Policy area:
Employment and social policy
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:
28/06/2018

Key facts of the case:

Reference for a preliminary ruling — Protection of the safety and health of workers — Organisation of working time — Charter of Fundamental Rights of the European Union — Article 31 — Directive 2003/88/EC — Scope — Derogation — Article 1(3) — Directive 89/391/EEC — Article 2(2) — Work performed by foster parents.

Outcome of the case:

In the light of the above, I propose that the Court answer the questions referred by the Curtea de Apel Constanţa (Court of Appeal, Constanţa, Romania) as follows:

On a proper construction of the concept of ‘worker’, foster parents such as those concerned in the main proceedings fall outside the scope 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.