Bowden and Others v Tuffnells Parcels Express Ltd: ECJ 4 Oct 2001

The provisions of the Directive, which excluded from regulation the employment of transport workers, applied to office workers as well as to actual drivers. The phrases used by the Directive in disapplying the Directive to certain employment sectors, made a distinction between those employed in certain industries, and, in other cases, those with certain jobs. This was confirmed by the travaux preparatoires, responsible for drafting the exemption. The effect was to exempt the industries concerned whether or not the employee worked directly doing the tasks which defined that industry.

Judges:

M Wathelet, President of Chamber and Judges P. Jann and L. Sevon Advocate General A. Tizzano

Citations:

Times 15-Oct-2001, C-133/00, [2001] EUECJ C-133/00

Links:

Bailii

Statutes:

Council Directive 93/104/EC of November 23, 1993 concerning certain aspects of the organisation of working time (OJ 1993 L307 p18) Art 1(3), Working Time Regulations 1998 (1998 No 1833)

Jurisdiction:

European

Employment, Transport

Updated: 04 June 2022; Ref: scu.166573