sec_3__6__para__2

The Court has held that the effectiveness of that provision should be ensured by Member States. It concluded for example that applying a measure under which a worker is subject to a compulsory transfer to a different service for having requested compliance with the maximum weekly working time negates the effectiveness of the provision since ‘fear of such a reprisal measure, where no legal remedy is available against it, might deter workers who considered themselves the victims of the measure taken by their employer from pursuing their claims by judicial process, and would consequently be liable seriously to jeopardise implementation of the aim pursued by the Directive’ (197).

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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.