d1e8356-1-1__para__4 — COMMUNICATION FROM THE COMMISSION Interpretative Communication on Directive…

d1e8356-1-1para4

COMMUNICATION FROM THE COMMISSION Interpretative Communication on Directive 2003/88/EC of the European Parliament and of the Council concerning certain aspects of the organisation of working time · European Union

First, they must be validly transposed in order to be used. The Court has held that: ‘Since the derogations available under the derogating provisions in question are optional, European Union law does not require Member States to implement them in domestic law.’ (368) It has ruled that in order to make use of an option to derogate from certain provisions, ‘the Member States are required to make a choice to rely on it’248.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.