On the 9th November (today), the Court of Justice of the European Union (CJEU) has ruled on the REQUEST for a preliminary ruling submitted by the Portuguese Tribunal da Relação do Porto (Court of Appeal, Oporto) on whether the minimum uninterrupted weekly rest period of 24 hours to which a worker is entitled (in the European Working Time Directive) must be provided no later than the day following a period of six consecutive working days.
The European Directive on the organisation of working time (Directive 2003/88/EC as amended) provides that every worker is entitled, per each seven-day period, to a minimum uninterrupted rest period of 24 hours plus 11 hours’ daily rest. An earlier Directive 93/104/EC is also relevant, and the request raised the matter of the effect of the Charter of Fundamental Rights of the European Union, which had been dealt with by the earlier June Opinion of the Advocate General.
By today’s judgment, the Court finds that EU law does not require the minimum uninterrupted weekly rest period to be provided no later than the day following a period of six consecutive working days, but requires it to be provided within each seven-day period. See the list of documents here.
The earlier June 2017 Advocate General Opinion had found – Article 5 of Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organisation of working time, Article 5 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 and Article 31 of the Charter of Fundamental Rights of the European Union must be interpreted not as requiring the weekly rest period to be granted at the latest on the seventh day following six consecutive working days, but as requiring such a period to be granted within each seven-day period.
The Opinion is here.