a) The sectors and activities concerned
Most elements contained in Article 17(3) relate to specific sectors and activities. However, it can be noted that this derogation may also be used in cases of accident or imminent risk of accident (point g) or in the circumstances ‘where occurrences are due to unusual and unforeseeable circumstances, beyond the employers’ control, or to exceptional events, the consequences of which could not have been avoided despite the exercise of all due care’ (380) (point f). The Court considered that the list of sectors and activities in Article 17(3) was not exhaustive (381). In particular, it held that the following activities may be covered by the derogations provided for in Article 17(3): activities of medical and nursing staff in primary care teams (382), ambulance services (383), activities at holiday and leisure centres which require continuity of service (384), firefighting (385), and activities of military personnel which fall within the scope of the Directive (386). This means that the derogations can apply to activities which are not expressly referred to in Article 17(3), as long as they are linked to one of the items listed there.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.