sec_5__2__para__3 — COMMUNICATION FROM THE COMMISSION Interpretative Communication on Directive…

sec_52para__3

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

The Court has had the occasion to rule on the issue of fixed and rolling reference periods; fixed reference periods start and end on fixed calendar dates, whereas rolling reference periods are periods the start and end of which move on a permanent basis with the passage of time. In a case where a Member State had set the maximum average weekly working time at 48 hours and extended to six months the reference period used for calculating that maximum, the Court ruled that national legislation may lay down reference periods which start and end on fixed calendar dates, provided that that legislation contains mechanisms which make it possible to ensure that the maximum average weekly working time of 48 hours is respected during each six-month period straddling two consecutive fixed reference periods (404).

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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.