(Case C-477/21 Request for a preliminary ruling from the Miskolci Törvényszék (Hungary) lodged on 3August 2021– IH v MÁV-START Vasúti Személyszállító Zrt.
Fecha: 03-Ago-2021
Request for a preliminary ruling from the Miskolci Törvényszék (Hungary) lodged on 3August 2021– IH v MÁV-START Vasúti Személyszállító Zrt.
(Case C-477/21)
Language of the case: Hungarian
Referring court
Miskolci Törvényszék
Parties to the main proceedings
Applicant: IH
Defendant: MÁV-START Vasúti Személyszállító Zrt.
Questions referred
Must Article5 of Directive 2003/88/EC of the European Parliament and of the Council of 4November 2003 concerning certain aspects of the organisation of working time,1 read in conjunction with Article31(2) of the Charter [of Fundamental Rights of the European Union], be interpreted as meaning that the daily rest period provided for in Article3 [of that directive] forms part of the weekly rest period?
Otherwise, must Article5 of Directive [2003/88], read in conjunction with Article31(2) of the Charter, be interpreted as meaning that, in accordance with the objective pursued by the directive, the aforementioned article lays down only the minimum duration of the weekly rest period, which is to say that the weekly rest period must be at least 35 consecutive hours’ long, provided that there are no objective, technical or work organisation conditions which preclude this?
Must Article5 of Directive [2003/88], read in conjunction with Article31(2) of the Charter, be interpreted as meaning that, where the law of the Member State and the applicable collective agreement provide for the grant of a continuous weekly rest period of at least 42hours, it is compulsory, following work which has been performed on the working day prior to the weekly rest period, also to grant the twelve-hour daily rest period guaranteed along with it under the relevant legislation of that Member State and the applicable collective agreement, provided that there are no objective, technical or work organisation conditions which preclude this?
Must Article3 of Directive [2003/88], read in conjunction with Article31(2) of the Charter, be interpreted as meaning that a worker is entitled to a minimum rest period which must be granted within the course of 24hours even if, for any reason, he or she does not have to work in the following 24hours?
If Question 4 is answered in the affirmative, must Articles3 and 5 of Directive [2003/88], read in conjunction with Article31(2) of the Charter, be interpreted as meaning that the daily rest period [must] be granted prior to the weekly rest period?