In an opinion on 31 January, 2019, Advocate General Pitruzella invited the CJEU to respond to Spain’s National High Court request for a ruling by affirming that EU law (Article 31(2) of the Charter of Fundamental Rights of the European Union and Articles 3, 5, 6, 16 and 22 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003) imposes the requirement on all companies to install effective daily working time recording systems.
Following legal action brought by the Spanish trade union body the Federación de Servicios de Comisiones Obreras (CCOO) that had been seeking the implementation of a time recording system, Spain’s Supreme Court had required Deutsche Bank to record its employees’ overtime hours. The trade union appealed the decision to Spain’s National High Court that turned to the CJEU to determine if the absence, as is the case in Spanish law, of a requirement to record employee daily working hours (outside of
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