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DOI: 10.5553/EELC/187791072022007003032

European Employment Law CasesAccess_open

Pending Cases

Case C-477/22, Working Time, Miscellaneous

ARST S.p.A. – Azienda regionale sarda trasporti – v – Various employees, reference lodged by the Corte suprema di cassazione (Italy) on 15 July 2022

Keywords Working Time, Miscellaneous, Juridisch, Arbeidsrecht, Europees recht (EU Recht)
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, "Case C-477/22, Working Time, Miscellaneous", European Employment Law Cases, 3, (2022):164-164

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      1. Must Article 3(a) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 be interpreted as meaning that the term ”route” not exceeding 50 kilometres refers to the kilometres covered by the journey (line) identified by the transport undertaking for payment of the ticket, or to the total number of kilometres covered by the driver in the daily work shift, or to the maximum distance on the road reached by the vehicle in relation to the starting point (radius); or, in any event, by means of what other criterion should the kilometres of the route be calculated?

      2. In any event, may the undertaking organising the transport be exempt from application of the regulation in respect of those vehicles it uses exclusively to cover journeys of less than 50 km, or is the undertaking’s entire transport service subject to application of the regulation, by reason of the fact that it uses other vehicles to cover journeys exceeding 50 km?

      3. Must Article 6(3) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 be interpreted as meaning that “the total accumulated driving time during any two consecutive weeks” consists of the sum of the “driving times” for the two weeks – according to the definition in Article 4(j) above – or does it also include other activities and, in particular, the entire working shift worked by the driver during the two weeks, or all the ‘other work’ referred to in Article 6(5)?


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