ntr414-C_2023109EN.01000101-E0414

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

(414) Judgment in case C-243/09, Fuß, paras. 41-55. It must nevertheless be pointed out that this case concerned a worker who was not subject to an opt-out provision since it was not transposed into national law. Still, the Court hinted that the compulsory transfer of that worker to another service after his request to comply with the maximum limit of 48 hours on average meant that the worker had suffered a detriment.

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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.