''Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV'' (2005
C-397/01-403/01
is an

EU law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...

and

European labour law European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...

case concerning the

Working Time Directive Working Time Directive''2003/88/ECis a European Union law Directive and a key part of European labour law. It gives EU workers the right to: *at least 28 days (four weeks) in paid holidays each year, *rest breaks of 20 minutes in a 6 hour peri ...

. It is relevant for the

Working Time Regulations 1998 The working time regulations 69SI 1998/1833 is a statutory instrument in UK labour law which implements the EU Working Time Directive 2003. It does not extend to Northern Ireland. Contents The Working Time Regulations create a basic set of rig ...

UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...

Facts

Workers of the German Red Cross, including Mr Pfeiffer, who served as emergency workers, doing ambulance runs claimed that a collective agreement that set their hours at 49 hours per week violated the Working Time Directive. The Red Cross contended that as emergency workers they were akin to civil servants and thus fell outside the Directive's scope.

Judgment

The Grand Chamber of the Court of Justice held that workers could not be asked to work 49 hours a week by a collective agreement. They had to opt out individually. As a starting matter it held that the exception for civil servants was not applicable, holding that ‘the civil protection service in the strict sense thus defined, at which the provision is aimed, can be clearly distinguished from the activities of emergency workers tending the injured and sick which are at issue in the main proceedings.’ The ‘worker's consent must be given not only individually but also expressly and freely’.

Notes

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Facts

Judgment

See also

Notes